New and Revised Conservation and Management Measures and Resolutions for Antarctic Marine Living Resources Under the Auspices of CCAMLR, 7110-7170 [E9-2516]
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Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices
DEPARTMENT OF STATE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XM35
New and Revised Conservation and
Management Measures and
Resolutions for Antarctic Marine Living
Resources Under the Auspices of
CCAMLR
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AGENCIES: Office of Ocean Affairs,
Department of State and National
Marine Fisheries Service (NMFS),
National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Notice.
SUMMARY: At its Twenty-Seventh
Meeting in Hobart, Tasmania, from
October 27 to November 7, 2008, the
Commission for the Conservation of
Antarctic Marine Living Resources
(CCAMLR), of which the United States
is a member, adopted conservation and
management measures and resolutions,
pending countries’ approval, pertaining
to fishing in the CCAMLR Convention
Area. All the measures were agreed
upon in accordance with Article IX of
the Convention for the Conservation of
Antarctic Marine Living Resources
(Convention). Measures adopted restrict
overall catches of certain species of
finfish, squid, krill and crabs, restrict
fishing in certain areas, restrict use of
certain fishing gear, specify
implementation and inspection
obligations supporting the Catch
Documentation Scheme of Contracting
Parties, promote compliance with
CCAMLR measures by non-Contracting
Party vessels, and require vessels
engaged in bottom fishing to report data
on benthic organisms recovered by their
gear. This notice includes the full text
of the new and revised conservation
measures adopted at the TwentySeventh meeting of CCAMLR. This
notice also includes a listing of
conservation measures that carry over
from last year without change. The full
text of these measures was published in
the Federal Register on January 29,
2007, except for Conservation Measures
10–04, 23–06, and 31–02 for which full
text was published in the Federal
Register on December 21, 2007. NMFS
suggests that the public view these
measures along with the measures
contained in this Federal Register
notice for a complete listing of all the
measures adopted by CCAMLR at its
recent meeting. The full text of all
measures adopted by CCAMLR can be
found on CCAMLR’s Web site—https://
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www.ccamlr.org. This notice, therefore,
together with the U.S. regulations
referenced under the SUPPLEMENTARY
INFORMATION, provides a comprehensive
register of all current U.S. obligations
under CCAMLR.
DATES: Persons wishing to comment on
the measures or desiring more
information should submit written
comments by March 16, 2009.
FOR FURTHER INFORMATION CONTACT:
Robert Gorrell, Office of Sustainable
Fisheries, Room 13463, 1315 East-West
Highway, SSMC3, NMFS, Silver Spring,
MD 20910; tel: 301–713–2341; fax: 301–
713–1193; e-mail
Robert.Gorrell@noaa.gov.
SUPPLEMENTARY INFORMATION:
Individuals interested in CCAMLR
should also see 15 CFR Chapter III—
International Fishing and Related
Activities, Part 300—International
Fishing Regulations, Subpart A—
General; Subpart B—High Seas
Fisheries; and Subpart G—Antarctic
Marine Living Resources, for other
regulatory measures related to
conservation and management in the
CCAMLR Convention area. Subpart B
notes the requirements for high seas
fishing vessel licensing. Subparts A and
G describe the process for regulating
U.S. fishing in the CCAMLR Convention
area, which NMFS uses to implement
CCAMLR Conservation Measures that
are not expected to change from year to
year. The regulations in Subpart G
include sections on: Purpose and scope;
Definitions; Relationship to other
treaties, conventions, laws, and
regulations; Procedure for according
protection to CCAMLR Ecosystem
Monitoring Program Sites; Scientific
Research; Initiating a new fishery;
Exploratory fisheries; Reporting and
recordkeeping requirements; Vessel and
gear identification; Gear disposal; Mesh
size; Harvesting permits; Scientific
observers; Dealer permits and
preapproval; Appointment of a
designated representative; Requirements
for a vessel monitoring system;
Prohibitions; Facilitation of enforcement
and inspection; and Penalties.
Review of existing conservation
measures and resolutions (the date in
parenthesis indicates the last year in
which the measure was amended by
CCAMLR):
The Commission noted that the
following conservation measures would
lapse on November 30, 2008: 32–09
(2007), 33–02 (2007), 33–03 (2007), 41–
01 (2007), 41–03 (2006), 41–04 (2007),
41–05 (2007), 41–06 (2007), 41–07
(2007), 41–09 (2007), 41–10 (2007), 41–
11 (2007), 42–02 (2007), 52–01 (2007),
52–02 (2007) and 61–01 (2007).
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Conservation Measure 42–01 (2007)
lapsed on November 14, 2008. All of
these conservation measures dealt with
fishery-related matters for the 2007/08
season and are replaced by new
measures mentioned below.
The following unchanged
conservation measures and resolutions
will remain in force in 2008/09:
Compliance: 10–01 (1998), 10–04
(2007) and 10–08 (2006).
General fishery matters: 21–02 (2006),
22–01 (1986), 22–02 (1984), 22–03
(1990), 22–04 (2006), 23–01 (2005), 23–
02 (1993), 23–03 (1991), 23–04 (2000),
23–05 (2000), 23–06 (2007) and 25–03
(2003).
Fishery regulations: 31–01 (1986), 31–
02 (2007), 32–01 (2001), 32–02 (1998),
32–03 (1998), 32–04 (1986), 32–05
(1986), 32–06 (1985), 32–07 (1999), 32–
08 (1997), 32–10 (2002), 32–11 (2002),
32–12 (1998), 32–13 (2003), 32–14
(2003), 32–15 (2003), 32–16 (2003), 32–
17 (2003), 32–18 (2006) and 33–01
(1995).
Protected areas: 91–01 (2004) and 91–
02 (2004).
Resolutions: 7/IX, 10/XII, 14/XIX, 15/
XXII, 16/XIX, 17/XX, 18/XXI, 19/XXI,
20/XXII, 21/XXIII, 22/XXV, 23/XXIII,
25/XXV and 26/XXVI.
The full text of all but three of these
unchanged conservation measures and
all but one of the resolutions was
published in the January 29, 2007
Federal Register (72 FR 4068). The full
text of Conservation Measures 10–04,
23–06, and 31–02 was published in the
December 21, 2007 Federal Register (72
FR 72826). The full text of Resolution
26/XXVI was also published in the
December 21, 2007 Federal Register (72
FR 72826).
The Commission revised the
following conservation measures:
Compliance:
CM 10–02 (2007) was revised as 10–02
(2008) 1 2
Licensing and inspection obligations
of Contracting Parties with regard to
their flag vessels operating in the
Convention Area
CM 10–03 (2005) was revised as 10–03
(2008) 1 2
Port inspection of vessels carrying
toothfish
CM 10–05 (2006) was revised as 10–05
(2008)
Catch Documentation Scheme for
Dissostichus spp.
CM 10–06 (2006) was revised as 10–06
(2008)
Scheme to promote compliance by
Contracting Party vessels with
CCAMLR conservation measures
CM 10–07 (2006) was revised as 10–07
(2008)
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Scheme to promote compliance by
non-Contracting Party vessels with
CCAMLR conservation measures
General fisheries matters:
CM 21–01 (2006) was revised as 21–01
(2008) 1 2
Notification that Members are
considering initiating a new fishery
CM 21–03 (2007) was revised as 21–03
(2008)
Notifications of intent to participate
in a fishery for Euphausia superba
CM 22–05 (2006) was revised as 22–05
(2008)
Restrictions on the use of bottom
trawling gear in high-seas areas of
the Convention Area
CM 22–06 (2007) was revised as 22–06
(2008) 1 2
Bottom fishing in the Convention
Area
CM 24–01 (2005) was revised as 24–01
(2008) 1 2
The application of conservation
measures to scientific research
CM 24–02 (2005) was revised as 24–02
(2008)
Longline weighting for seabird
conservation
CM 25–02 (2007) was revised as 25–02
(2008) 1 2
Minimisation of the incidental
mortality of seabirds in the course
of longline fishing or longline
fishing research in the Convention
Area
CM 26–01 (2006) was revised as 26–01
(2008) 1 2
General environmental protection
during fishing
Fishery regulations:
Toothfish: CM 41–02 (2007) was revised
as 41–02 (2008)
Limits on the fishery for Dissostichus
eleginoides in Statistical Subarea
48.3 in the 2007/08 and 2008/09
seasons
Toothfish: CM 41–08 (2007) was revised
as 41–08 (2008)
Limits on the fishery for Dissostichus
eleginoides in Statistical Division
58.5.2 in the 2007/08 and 2008/09
seasons
Krill: CM 51–01 (2007) was revised as
51–01 (2008)
Precautionary catch limitations on
Euphausia superba in Statistical
Subareas 48.1, 48.2, 48.3 and 48.4
Krill: CM 51–02 (2006) was revised as
51–02 (2008)
Precautionary catch limitation on
Euphausia superba in Statistical
Division 58.4.1
Krill: CM 51–03 (2007) was revised as
51–03 (2008)
Precautionary catch limitation on
Euphausia superba in Statistical
Division 58.4.2
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In addition, the Commission adopted
22 new conservation measures and two
new resolutions:
Compliance:
CM 10–09 (2008)
Notification system for transhipments
within the Convention Area
General fisheries matters:
Gear Regulations: CM 22–07 (2008) 1 2
Interim measure for bottom fishing
activities subject to Conservation
Measure 22–06 encountering
potential vulnerable marine
ecosystems in the Convention Area
Fishery regulations:
Fishing Seasons, Closed Areas and
Prohibition of Fishing: CM 32–09
(2008)
Prohibition of directed fishing for
Dissostichus spp. except in
accordance with specific
conservation measures in the 2008/
09 season
By-catch Limits: CM 33–02 (2008)
Limitation of by-catch in Statistical
Division 58.5.2 in the 2008/09
season
By-catch Limits: CM 33–03 (2008) 1 2
Limitation of by-catch in new and
exploratory fisheries in the 2008/09
season
Finfish Fisheries—Toothfish: CM 41–01
(2008) 1 2
General measures for exploratory
fisheries for Dissostichus spp. in the
Convention Area in the 2008/09
season
Finfish Fisheries—Toothfish: CM 41–03
(2008)
Limits on the fishery for Dissostichus
spp. in Statistical Subarea 48.4 in
the 2008/09 season
Finfish Fisheries—Toothfish: CM 41–04
(2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 48.6 in the 2008/09 season
Finfish Fisheries—Toothfish: CM 41–05
(2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Division 58.4.2 in the 2008/09
season
Finfish Fisheries—Toothfish: CM 41–06
(2008)
Limits on the exploratory fishery for
Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction in the
2008/09 season
Finfish Fisheries—Toothfish: CM 41–07
(2008)
Limits on the exploratory fishery for
Dissostichus spp. on BANZARE
Bank (Statistical Division 58.4.3b)
outside areas of national
jurisdiction in the 2008/09 season
Finfish Fisheries—Toothfish: CM 41–09
(2008)
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Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 88.1 in the 2008/09 season
Finfish Fisheries—Toothfish: CM 41–10
(2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 88.2 in the 2008/09 season
Finfish Fisheries—Toothfish: CM 41–11
(2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Division 58.4.1 in the 2008/09
season
Finfish Fisheries—Icefish: CM 42–01
(2008)
Limits on the fishery for
Champsocephalus gunnari in
Statistical Subarea 48.3 in the 2008/
09 season
Finfish Fisheries—Icefish: CM 42–02
(2008)
Limits on the fishery for
Champsocephalus gunnari in
Statistical Division 58.5.2 in the
2008/09 season
Krill: CM 51–04 (2008)
General measure for exploratory
fisheries for Euphausia superba in
the Convention Area in the 2008/09
season
Krill: CM 51–05 (2008)
Limits on the exploratory fisheries for
Euphausia superba in Statistical
Subarea 48.6 in the 2008/09 season
Crustacean Fisheries—Crab: CM 52–01
(2008)
Limits on the fishery for crab in
Statistical Subarea 48.3 in the 2008/
09 season
Crustacean Fisheries—Crab: CM 52–02
(2008)
Limits on the exploratory fishery for
crab in Statistical Subarea 48.2 in
the 2008/09 season
Crustacean Fisheries—Crab: CM 52–03
(2008)
Limits on the exploratory fishery for
crab in Statistical Subarea 48.4 in
the 2008/09 season
Mollusc Fisheries—Squid: CM 61–01
(2008)
Limits on the exploratory fishery for
Martialia hyadesi in Statistical
Subarea 48.3 in the 2008/09 season
1 Except for waters adjacent to the
Kerguelen Islands and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
Under Article IX(6)(c) of the
Convention, the United States has 90
days after the November 12, 2008,
notification by the Commission to
consider the Conservation Measures
agreed to at the Twenty-Seventh
Meeting of CCAMLR and respond to the
Secretariat of CCAMLR that we are
unable to accept a Conservation
Measure(s).
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Resolutions:
Resolution 27/XXVII (Use of a specific
tariff classification for Antarctic
krill)
Resolution 28/XXVIII (Ballast water
exchange in the Convention Area)
Other:
CCAMLR Members also adopted
substantive amendments to CCAMLR’s
Scheme of International Scientific
Observation (note: the CCAMLR Scheme
of observation is not a Conservation
Measure so the text of the modified
Scheme is not published here). The
CCAMLR Scheme of observation will be
incorporated into the ‘‘Scientific
Observers Manual’’ (Manual) which
details proper implementation of the
program. Each approved observer
receives the current Manual from
NMFS. Scientific observers must meet
all sampling protocols and other
requirements of the Manual. The
complete text of the CCAMLR Scheme
of observation is included in Section 1
of the Manual.
CCAMLR Members also adopted a
policy to enhance cooperation between
CCAMLR and Non-Contracting Parties,
to ensure effectiveness of CCAMLR
Conservation measures, and to eliminate
IUU fishing. This policy does not take
the form of a Conservation Measure and
so it also is not published here.
For further information, see the
CCAMLR Web site at https://
www.ccamlr.org under Publications for
the Schedule of Conservation Measures
in Force (2008/2009), or contact the
Commission at the CCAMLR Secretariat,
P.O. Box 213, North Hobart, Tasmania
7002, Australia. Tel: (61) 3–6210–1111).
Conservation Measures and Resolutions
Adopted at CCAMLR–XXVII
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Conservation Measure 10–02 (2008) 1 2
Licensing and inspection obligations of
Contracting Parties with regard to
their flag vessels operating in the
Convention Area
(Species: all; Area: all; Season: all;
Gear: all)
1. Each Contracting Party shall
prohibit fishing by its flag vessels in the
Convention Area except pursuant to a
licence 3 that the Contracting Party has
issued setting forth the specific areas,
species and time periods for which such
fishing is authorised and all other
specific conditions to which the fishing
is subject to give effect to CCAMLR
conservation measures and
requirements under the Convention.
2. A Contracting Party may only issue
such a licence to fish in the Convention
Area to vessels flying its flag, if it is
satisfied of its ability to exercise its
responsibilities under the Convention
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and its conservation measures, by
requiring from each vessel, inter alia,
the following:
(i) Timely notification by the vessel to
its Flag State of exit from and entry into
any port;
(ii) Notification by the vessel to its
Flag State of entry into the Convention
Area and movement between areas,
subareas/divisions;
(iii) Reporting by the vessel of catch
data in accordance with CCAMLR
requirements;
(iv) Reporting, where possible as set
out in Annex 10–02/A by the vessel of
sightings of fishing vessels 4 in the
Convention Area;
(v) Operation of a VMS system on
board the vessel in accordance with
Conservation Measure 10–04;
(vi) Noting the International
Management Code for the Safe
Operation of Ships and for Pollution
Prevention (International Safety
Management Code), from 1 December
2009:
(a) Adequate communication
equipment (including MF/HF radio and
carriage of at least one 406MHz EPIRB)
and trained operators on board.
Wherever possible, vessels should be
fitted with Global Maritime Distress and
Safety System (GMDSS) equipment;
(b) Sufficient immersion survival suits
for all on board;
(c) Adequate arrangements to handle
medical emergencies that may arise in
the course of the voyage;
(d) Reserves of food, fresh water, fuel
and spare parts for critical equipment to
provide for unforseen delays and
besetment;
(e) An approved 5 Shipboard Oil
Pollution Emergency Plan (SOPEP)
outlining marine pollution mitigation
arrangements (including insurance) in
the event of a fuel or waste spill.
3. Each Contracting Party shall
provide to the Secretariat within seven
days of the issuance of each licence the
following information about licences
issued:
• Name of the vessel
• Time periods authorised for fishing
(start and end dates)
• Area(s), subareas or divisions of
fishing
• Species targeted
• Gear used.
4. Each Contracting Party shall
provide to the Secretariat within seven
days of the issuance of each licence the
following information about licences
issued:
(i) Name of fishing vessel (any
previous names if known) 6, registration
number 7, IMO number (if issued),
external markings and port of registry;
(ii) The nature of the authorisation to
fish granted by the Flag State, specifying
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time periods authorised for fishing (start
and end dates), area(s) of fishing,
species targeted and gear used;
(iii) Previous flag (if any) 6
(iv) International Radio Call Sign;
(v) Name and address of vessel’s
owner(s), and any beneficial owner(s) if
known;
(vi) Name and address of licence
owner (if different from vessel
owner(s));
(vii) Type of vessel;
(viii) Where and when built;
(ix) Length (m);
(x) High-resolution colour
photographs of the vessel of appropriate
brightness and contrast 8 which shall
consist of:
• One photograph not smaller than 12
× 7 cm showing the starboard side of the
vessel displaying its full overall length
and complete structural features;
• One photograph not smaller than 12
× 7 cm showing the port side of the
vessel displaying its full overall length
and complete structural features;
• One photograph not smaller than 12
× 7 cm showing the stern taken directly
from astern;
(xi) Where applicable, in accordance
with Conservation Measure 10–04,
details of the implementation of the
tamper-proof requirements of the
satellite monitoring device installed on
board.
5. Each Contracting Party shall, to the
extent practicable, also provide to the
Secretariat at the same time as
submitting information in accordance
with paragraph 4, the following
additional information in respect to
each fishing vessel licensed:
(i) Name and address of operator, if
different from vessel owners;
(ii) Names and nationality of master
and, where relevant, of fishing master;
(iii) Type of fishing method or
methods;
(iv) Beam (m);
(v) Gross registered tonnage;
(vi) Vessel communication types and
numbers (INMARSAT A, B and C
numbers);
(vii) Normal crew complement;
(viii) Power of main engine or engines
(kW);
(ix) Carrying capacity (tonnes),
number of fish holds and their capacity
(m3);
(x) Any other information in respect
of each licensed vessel they consider
appropriate (e.g. ice classification) for
the purposes of the implementation of
the conservation measures adopted by
the Commission.
6. Contracting Parties shall
communicate without delay to the
Secretariat any change to any of the
information submitted in accordance
with paragraphs 3, 4 and 5.
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7. The Executive Secretary shall place
a list of licensed vessels on the public
section of the CCAMLR Web site.
8. The licence or an authorised copy
of the licence must be carried by the
fishing vessel and must be available for
inspection at any time by a designated
CCAMLR inspector in the Convention
Area.
9. Each Contracting Party shall verify,
through inspections of all of its fishing
vessels at the Party’s departure and
arrival ports, and where appropriate, in
its Exclusive Economic Zone, their
compliance with the conditions of the
licence as described in paragraph 1 and
with the CCAMLR conservation
measures. In the event that there is
evidence that the vessel has not fished
in accordance with the conditions of its
licence, the Contracting Party shall
investigate the infringement and, if
necessary, apply appropriate sanctions
in accordance with its national
legislation.
10. Each Contracting Party shall
include in its annual report pursuant to
paragraph 12 of the CCAMLR System of
Inspection, steps it has taken to
implement and apply this conservation
measure; and may include additional
measures it may have taken in relation
to its flag vessels to promote the
effectiveness of CCAMLR conservation
measures.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Includes permit and authorisation.
4 Including support vessels such as reefer
vessels.
5 Shipboard Oil Pollution Emergency Plan
to be approved by the Maritime Safety
Authority of the Flag State.
6 In respect of any vessel reflagged within
the previous 12 months, any information on
the details of the process of (reasons for)
previous deregistration of the vessel from
other registries, if known.
7 National registry number.
8 All photographs shall be of sufficient
quality to enable clear identification of the
vessel.
Annex 10–02/A
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Reporting of Vessel Sightings
1. In the event that the master of a
licensed fishing vessel sights a fishing
vessel 4 within the Convention Area, the
master shall document as much
information as possible on each such
sighting, including:
(a) Name and description of the
vessel.
(b) Vessel call sign.
(c) Registration number and the
Lloyds/IMO number of the vessel.
(d) Flag State of the vessel.
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(e) Photographs of the vessel to
support the report.
(f) Any other relevant information
regarding the observed activities of the
sighted vessel.
2. The master shall forward a report
containing the information referred to in
paragraph 1 to their Flag State as soon
as possible. The Flag State shall submit
to the Secretariat any such reports that
meet the criteria of paragraph 3 of
Conservation Measure 10–06 or
paragraph 8 of Conservation Measure
10–07.
3. The Secretariat shall use such
reports for compiling estimates of IUU
activities.
Conservation Measure 10–03 (2008) 1 2 3
Port inspections of vessels carrying
toothfish
(Species: toothfish; Area: all; Season:
all; Gear: all)
1. Contracting Parties shall undertake
inspections of all fishing vessels 4
carrying Dissostichus spp. which enter
their ports. The inspection shall be for
the purpose of determining that if the
vessel carried out harvesting activities
in the Convention Area, these activities
were carried out in accordance with
CCAMLR conservation measures, and
that if it intends to land or tranship
Dissostichus spp. the catch to be
unloaded or transhipped is
accompanied by a Dissostichus catch
document required by Conservation
Measure 10–05 and that the catch agrees
with the information recorded on the
document.
2. To facilitate these inspections,
Contracting Parties shall require vessels
to provide advance notice of their entry
into port and to convey a written
declaration that they have not engaged
in or supported illegal, unreported and
unregulated (IUU) fishing in the
Convention Area. The inspection shall
be conducted within 48 hours of port
entry and shall be carried out in an
expeditious fashion. It shall impose no
undue burdens on the vessel or its crew,
and shall be guided by the relevant
provisions of the CCAMLR System of
Inspection. Vessels which either declare
that they have been involved in IUU
fishing or fail to make a declaration
shall be denied port access, other than
for emergency purposes.
3. In the event that there is evidence
that the vessel has fished in
contravention of CCAMLR conservation
measures, the catch shall not be landed
or transhipped. The Contracting Party
will inform the Flag State of the vessel
of its inspection findings and will
cooperate with the Flag State in taking
such appropriate action as is required to
investigate the alleged infringement
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and, if necessary, apply appropriate
sanctions in accordance with national
legislation.
4. Contracting Parties shall promptly
provide the Secretariat with a report on
the outcome of each inspection
conducted under this conservation
measure. In respect of any vessels
denied port access or permission to land
or tranship Dissostichus spp., the
Secretariat shall promptly convey such
reports to all Contracting Parties and to
all non-Contracting Parties cooperating
with the Commission by participating in
the Catch Documentation Scheme for
Dissostichus spp. (CDS).
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Excluding by-catches of Dissostichus spp.
by trawlers fishing on the high seas outside
the Convention Area. A by-catch shall be
defined as no more than 5% of total catch of
all species and no more than 50 tonnes for
an entire fishing trip by a vessel.
4 For the purposes of this conservation
measure, ‘fishing vessel’ means any vessel of
any size used for, equipped to be used for,
or intended for use for the purposes of
fishing or fishing related activities, including
support ships, fish processing vessels, vessels
engaged in transhipment and carrier vessels
equipped for the transportation of fishery
products except container vessels and
excluding Members’ marine science research
vessels.
In relation to only carrier vessels equipped
for transportation of fishery products,
Contracting Parties shall conduct a
preliminary assessment of the relevant
documentation. If that assessment raises
concerns regarding compliance with
CCAMLR conservation measures, an
inspection according to the provisions of this
conservation measure shall be required.
Conservation Measure 10–05 (2008)
Catch Documentation Scheme for
Dissostichus spp.
(Species: toothfish; Area: all; Season:
all; Gear: all)
The Commission,
Concerned that illegal, unreported
and unregulated (IUU) fishing for
Dissostichus spp. in the Convention
Area threatens serious depletion of
populations of Dissostichus spp.,
Aware that IUU fishing involves
significant by-catch of some Antarctic
species, including endangered albatross,
Noting that IUU fishing is
inconsistent with the objective of the
Convention and undermines the
effectiveness of CCAMLR conservation
measures,
Underlining the responsibilities of
Flag States to ensure that their vessels
conduct their fishing activities in a
responsible manner,
Mindful of the rights and obligations
of Port States to promote the
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effectiveness of regional fishery
conservation measures,
Aware that IUU fishing reflects the
high value of, and resulting expansion
in markets for and international trade
in, Dissostichus spp.,
Recalling that Contracting Parties
have agreed to introduce classification
codes for Dissostichus spp. at a national
level,
Recognising that the implementation
of a Catch Documentation Scheme for
Dissostichus spp. (CDS) will provide the
Commission with essential information
necessary to provide the precautionary
management objectives of the
Convention,
Committed to take steps, consistent
with international law, to identify the
origins of Dissostichus spp. entering the
markets of Contracting Parties and to
determine whether Dissostichus spp.
harvested in the Convention Area that is
imported into their territories was
caught in a manner consistent with
CCAMLR conservation measures,
Wishing to reinforce the conservation
measures already adopted by the
Commission with respect to
Dissostichus spp.,
Further recognising the importance of
enhancing cooperation with nonContracting Parties to help prevent,
deter and eliminate IUU fishing in the
Convention Area,
Acknowledging that the Commission
has adopted a policy to enhance
cooperation between CCAMLR and nonContracting Parties,
Inviting non-Contracting Parties
whose vessels fish for Dissostichus spp.
to participate in the CDS,
hereby adopts the following
conservation measure in accordance
with Article IX of the Convention:
1. The following definitions are
intended only for the purposes of the
completion of CDS documents and shall
be applied as stated regardless of
whether such actions as landings,
transhipments, imports, exports or reexports constitute the same under any
CDS participant’s customs law or other
domestic legislation:
(i) Port State: The State that has
control over a particular port area or free
trade zone for the purposes of landing,
transhipment, importing, exporting and
re-exporting and whose authority serves
as the authority for landing or
transhipment certification.
(ii) Landing: The initial transfer of
catch in its harvested or processed form
from a vessel to dockside or to another
vessel in a port or free trade zone where
the catch is certified by an authority of
the Port State as landed.
(iii) Export: Any movement of a catch
in its harvested or processed form from
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territory under the control of the State
or free trade zone of landing, or, where
that State or free trade zone forms part
of a customs union, any other member
State of that customs union.
(iv) Import: The physical entering or
bringing of a catch into any part of the
geographical territory under the control
of a State, except where the catch is
landed or transhipped within the
definitions of ‘landing’ or
‘transhipment’ in this conservation
measure.
(v) Re-export: Any movement of a
catch in its harvested or processed form
from territory under the control of a
State, free trade zone, or member State
of a customs union of import unless that
State, free trade zone, or any member
State of that customs union of import is
the first place of import, in which case
the movement is an export within the
definition of ‘export’ in this
conservation measure.
(vi) Transhipment: The transfer of a
catch in its harvested or processed form
from a vessel to another vessel or means
of transport, and, where such transfer
takes place within the territory under
the control of a Port State, for the
purpose of effecting its removal from
that State. For the avoidance of doubt,
temporarily placing a catch on land or
an artificial structure to facilitate such
transfer shall not prevent the transfer
from being a transhipment where the
catch is not ‘landed’ within the
definition of ‘landing’ in this
conservation measure.
2. Each Contracting Party shall take
steps to identify the origin of
Dissostichus spp. imported into or
exported from its territories and to
determine whether Dissostichus spp.
harvested in the Convention Area that is
imported into or exported from its
territories was caught in a manner
consistent with CCAMLR conservation
measures.
3. Each Contracting Party shall require
that each master or authorised
representative of its flag vessels
authorised to engage in harvesting of
Dissostichus eleginoides and/or
Dissostichus mawsoni complete a
Dissostichus catch document (DCD) for
the catch landed or transhipped on each
occasion that it lands or tranships
Dissostichus spp.
4. Each Contracting Party shall require
that each landing of Dissostichus spp. at
its ports and each transhipment of
Dissostichus spp. to its vessels be
accompanied by a completed DCD. The
landing of Dissostichus spp. without a
catch document is prohibited.
5. Each Contracting Party shall, in
accordance with their laws and
regulations, require that their flag
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vessels which intend to harvest
Dissostichus spp., including on the high
seas outside the Convention Area, are
provided with specific authorisation to
do so. Each Contracting Party shall
provide DCD forms to each of its flag
vessels authorised to harvest
Dissostichus spp. and only to those
vessels.
6. A non-Contracting Party seeking to
cooperate with CCAMLR by
participating in this scheme may issue
DCD forms, in accordance with the
procedures specified in paragraphs 8
and 9, to any of its flag vessels that
intend to harvest Dissostichus spp.
7. Non-Contracting Parties which are
involved in the trade of Dissostichus
spp. are encouraged to approach the
CCAMLR Secretariat with requests for
assistance. Proposals must demonstrate
how any specific assistance requested
will help to combat IUU fishing in the
Convention Area. Such requests will be
considered by the Commission at its
annual meeting. The procedure
regarding cooperation with CCAMLR in
the implementation of the CDS by nonContracting Parties involved in the trade
of Dissostichus spp. is set out in Annex
10–05/C.
8. The DCD shall include the
following information:
(i) The name, address, telephone and
fax numbers of the issuing authority;
(ii) The name, home port, national
registry number and call sign of the
vessel and, if issued, its IMO/Lloyd’s
registration number;
(iii) The reference number of the
licence or permit, whichever is
applicable, that is issued to the vessel;
(iv) The weight of each Dissostichus
species landed or transhipped by
product type, and
(a) By CCAMLR statistical subarea or
division if caught in the Convention
Area; and/or
(b) By FAO statistical area, subarea or
division if caught outside the
Convention Area;
(v) The dates within which the catch
was taken;
(vi) The date and the port at which
the catch was landed or the date and the
vessel, its flag and national registry
number, to which the catch was
transhipped;
(vii) The name, address, telephone
and fax numbers of the recipient(s) of
the catch and the amount of each
species and product type received.
9. Procedures for completing DCDs in
respect of vessels are set forth in
paragraphs A1 to A10 of Annex 10–05/
A to this measure.
10. Each Contracting Party shall
require that each shipment of
Dissostichus spp. imported into or
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exported or re-exported from its
territory be accompanied by the export/
re-export document. The import, export
or re-export of Dissostichus spp.
without an export/re-export document
is prohibited.
11. An export/re-export document
issued in respect of a vessel is one that:
(i) Includes all relevant information
and signatures provided in accordance
with paragraphs A1 to A11 of Annex
10–05/A to this measure;
(ii) Includes a signed and stamped
certification by a responsible official of
the exporting State of the accuracy of
the information contained in the
document.
12. The standard documents for catch,
export and re-export documents are
attached to Annex 10–05/A as follows:
(i) Attachment 1 contains the standard
catch document (which also includes
provision for export) and the standard
form for re-export which are to be used
until 31 May 2009;
(ii) Attachment 2 contains the
standard catch document and the
standard form for export/re-export
which are to be used from 1 June 2009.
Until 31 May 2009:
(i) All references in this conservation
measure and its annex to the export/reexport document, with respect to
exporting, shall be read as referring to
the export section of the standard catch
document in Attachment 1;
(ii) All references in this conservation
measure and its annex to the export/reexport document, with respect to reexporting, shall be read as referring to
the standard form for re-export in
Attachment 1.
13. Each Contracting Party shall
ensure that its customs government
authorities or other appropriate
government officials request and
examine the documentation of each
shipment of Dissostichus spp. imported
into or exported from its territory to
verify that it includes the export
document and, where appropriate,
validated re-export document(s) that
account for all the Dissostichus spp.
contained in the shipment. These
officials may also examine the content
of any shipment to verify the
information contained in the catch
document or documents.
14. If, as a result of an examination
referred to in paragraph 13 above, a
question arises regarding the
information contained in a DCD or a reexport document, the exporting State
whose government authority validated
the document(s) and, as appropriate, the
Flag State whose vessel completed the
document are called on to cooperate
with the importing State with a view to
resolving such question.
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15. Each Contracting Party shall
promptly provide by the most rapid
electronic means, copies to the
CCAMLR Secretariat of all export
documents and, where relevant,
validated re-export documents that it
issued from and received into its
territory and shall submit annually to
the Secretariat a summary list of
documents issued from or received into
its territory in respect of transhipments,
landings, exports, re-exports and
imports. The list shall include:
document identification numbers; date
of landing, export, re-export, import;
weights landed, exported, re-exported or
imported.
16. Each Contracting Party, and any
non-Contracting Party that issues DCDs
in respect of its flag vessels in
accordance with paragraph 6, shall
inform the CCAMLR Secretariat of the
government authority or authorities
(including names, addresses, phone and
fax numbers and e-mail addresses)
responsible for issuing and validating
DCDs.
17. Notwithstanding the above, any
Contracting Party, or any nonContracting Party participating in the
CDS, may require additional verification
of catch documents by Flag States by
using, inter alia, VMS, in respect of
catches 1 taken on the high seas outside
the Convention Area, when landed at,
imported into or exported from its
territory.
18. If, following an examination under
paragraph 13, questions under
paragraph 14 or requests for additional
verification of documents under
paragraph 17, it is determined, after
consultation with the States concerned,
that a catch document is invalid, the
import, export or re-export of
Dissostichus spp. being the subject of
the document is prohibited.
19. If a Contracting Party participating
in the CDS has cause to sell or dispose
of seized or confiscated Dissostichus
spp., it may issue a Specially Validated
Dissostichus Catch Document (SVDCD)
specifying the reasons for that
validation. The SVDCD shall include a
statement describing the circumstances
under which confiscated fish are
moving in trade. To the extent
practicable, Parties shall ensure that no
financial benefit arising from the sale of
seized or confiscated catch accrue to the
perpetrators of IUU fishing. If a
Contracting Party issues a SVDCD, it
shall immediately report all such
validations to the Secretariat for
conveying to all Parties and, as
appropriate, recording in trade statistics.
20. A Contracting Party may transfer
all or part of the proceeds from the sale
of seized or confiscated Dissostichus
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7115
spp. into the CDS Fund created by the
Commission or into a national fund
which promotes achievement of the
objectives of the Convention. In
addition, Contracting Parties may offer
voluntary contributions to support the
CDS Fund and its related activities. A
Contracting Party may, consistent with
its domestic legislation, decline to
provide a market for toothfish offered
for sale with a SVDCD by another State.
Provisions concerning the uses of the
CDS Fund are found in Annex 10–05/
B.
1 Excluding by-catches of Dissostichus spp.
by trawlers fishing on the high seas outside
the Convention Area. A by-catch shall be
defined as no more than 5% of total catch of
all species and no more than 50 tonnes for
an entire fishing trip by a vessel.
Annex 10–05/A
A1. Each Flag State shall ensure that
each Dissostichus catch document form
that it issues includes a specific
identification number consisting of:
(i) A four-digit number, consisting of
the two-digit International Standards
Organization (ISO) country code plus
the last two digits of the year for which
the form is issued;
(ii) A three-digit sequence number
(beginning with 001) to denote the order
in which catch document forms are
issued.
It shall also enter on each
Dissostichus catch document form the
number as appropriate of the licence or
permit issued to the vessel.
A2. The master of a vessel which has
been issued a Dissostichus catch
document form or forms shall adhere to
the following procedures prior to each
landing or transhipment of Dissostichus
spp.:
(i) The master shall ensure that the
information specified in paragraph 8 of
this conservation measure is accurately
recorded on the Dissostichus catch
document form;
(ii) If a landing or transhipment
includes catch of both Dissostichus spp.,
the master shall record on the
Dissostichus catch document form the
total amount of the catch landed or
transhipped by weight of each species;
(iii) If a landing or transhipment
includes catch of Dissostichus spp.
taken from different statistical subareas
and/or divisions, the master shall record
on the Dissostichus catch document
form the amount of the catch by weight
of each species taken from each
statistical subarea and/or division and
indicating whether the catch was caught
in an EEZ or on the high seas, as
appropriate;
(iv) The master shall convey to the
Flag State of the vessel by the most
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rapid electronic means available, the
Dissostichus catch document number,
the dates within which the catch was
taken, the species, processing type or
types, the estimated weight to be landed
and the area or areas of the catch, the
date of landing or transhipment and the
port and country of landing or vessel of
transhipment and shall request from the
Flag State, a Flag State confirmation
number.
A3. If, for catches 1 taken in the
Convention Area or on the high seas
outside the Convention Area, the Flag
State verifies, by the use of a VMS (as
described in paragraph 1 of
Conservation Measure 10–04), the area
fished and that the catch to be landed
or transhipped as reported by its vessel
is accurately recorded and taken in a
manner consistent with its authorisation
to fish, it shall convey a unique Flag
State confirmation number to the
vessel’s master by the most rapid
electronic means available. The
Dissostichus catch document will
receive a confirmation number from the
Flag State, only when it is convinced
that the information submitted by the
vessel fully satisfies the provisions of
this conservation measure.
A4. The master shall enter the Flag
State confirmation number on the
Dissostichus catch document form.
A5. The master of a vessel that has
been issued a Dissostichus catch
document form or forms shall adhere to
the following procedures immediately
after each landing or transhipment of
Dissostichus spp.:
(i) In the case of a transhipment, the
master shall confirm the transhipment
obtaining the signature on the
Dissostichus catch document of the
master of the vessel to which the catch
is being transferred;
(ii) In the case of a landing, the master
or authorised representative shall
confirm the landing by obtaining a
signed and stamped certification on the
Dissostichus catch document by a
responsible official of the Port State of
landing or free trade zone who is acting
under the direction of either the
customs or fisheries authority of the
Port State and is competent with regard
to the validation of Dissostichus catch
documents;
(iii) In the case of a landing, the
master or authorised representative
shall also obtain the signature on the
Dissostichus catch document of the
individual that receives the catch at the
port of landing or free trade zone;
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(iv) In the event that the catch is
divided upon landing, the master or
authorised representative shall present a
copy of the Dissostichus catch
document to each individual that
receives a part of the catch at the port
of landing or free trade zone, record on
that copy of the catch document the
amount and origin of the catch received
by that individual and obtain the
signature of that individual.
A6. In respect of each landing or
transhipment, the master or authorised
representative shall immediately sign
and convey by the most rapid electronic
means available a copy, or, if the catch
landed was divided, copies, of the
signed Dissostichus catch document to
the Flag State of the vessel and shall
provide a copy of the relevant document
to each recipient of the catch.
A7. The Flag State of the vessel shall
immediately convey by the most rapid
electronic means available a copy or, if
the catch was divided, copies, of the
signed Dissostichus catch document to
the CCAMLR Secretariat to be made
available by the next working day to all
Contracting Parties.
A8. The master or authorised
representative shall retain the original
copies of the signed Dissostichus catch
document(s) and return them to the Flag
State no later than one month after the
end of the fishing season.
A9. The master of a vessel to which
catch has been transhipped (receiving
vessel) shall adhere to the following
procedures immediately after each
landing of such catch in order to
complete each Dissostichus catch
document received from transhipping
vessels:
(i) The master of the receiving vessel
shall confirm the landing by obtaining
a signed and stamped certification on
the Dissostichus catch document by a
responsible official of the Port State of
landing or free trade zone who is acting
under the direction of either the
customs or fisheries authority of the
Port State and is competent with regard
to the validation of Dissostichus catch
documents;
(ii) The master of the receiving vessel
shall also obtain the signature on the
Dissostichus catch document of the
individual that receives the catch at the
port of landing or free trade;
(iii) In the event that the catch is
divided upon landing, the master of the
receiving vessel shall present a copy of
the Dissostichus catch document to each
individual that receives a part of the
catch at the port of landing or free trade
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zone, record on that copy of the catch
document the amount and origin of the
catch received by that individual and
obtain the signature of that individual.
A10. In respect of each landing of
transhipped catch, the master or
authorised representative of the
receiving vessel shall immediately sign
and convey by the most rapid electronic
means available a copy of all the
Dissostichus catch documents, or if the
catch was divided, copies, of all the
Dissostichus catch documents, to the
Flag State(s) that issued the Dissostichus
catch document, and shall provide a
copy of the relevant document to each
recipient of the catch. The Flag State of
the receiving vessel shall immediately
convey by the most rapid electronic
means available a copy of the document
to the CCAMLR Secretariat to be made
available by the next working day to all
Contracting Parties.
A11. For each shipment of
Dissostichus spp. to be exported or reexported from the country of landing or
import, the exporter shall adhere to the
following procedures to obtain the
necessary export or re-export document
for all the Dissostichus spp. contained
in the shipment:
(i) The exporter/re-exporter shall
enter on each Dissostichus export/reexport document the reference number
of the corresponding Dissostichus catch
document, the amount of each
Dissostichus spp. reported on the
document that is contained in the
shipment;
(ii) The exporter/re-exporter shall
enter on each Dissostichus catch
document the name and address of the
importer of the shipment and the point
of import;
(iii) The exporter/re-exporter shall
enter on each export/re-export
document the exporter/re-exporter’s
name and address, and shall sign the
document;
(iv) The exporter/re-exporter shall
obtain a signed and stamped validation
of the export/re-export document
(including the attachments if provided)
by a responsible official of the
exporting/re-exporting State.
(v) The exporter/re-exporter shall
indicate the transport details as
appropriate:
If by sea:
Container(s) number(s) if appropriate, or
Vessel name, and
Bill of lading number, date and place of
issue;
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place and date of issue;
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If by other means (ground
transportation):
18:10 Feb 11, 2009
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Truck registration number and
nationality,
Railway transport number, date and
place of issue.
the Convention Area. A by-catch shall be
defined as no more than 5% of total catch of
all species and no more than 50 tonnes for
an entire fishing trip by a vessel.
1 Excluding by-catches of Dissostichus spp.
by trawlers fishing on the high seas outside
If by air:
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Annex 10–05/B
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The Use of the CDS Fund
B1. The overall objective of the CDS
Fund (‘‘the Fund’’) is to provide a
mechanism which enables the
Commission to enhance its capacity to
prevent, deter and eliminate IUU fishing
in the Convention Area, by inter alia,
improving the effectiveness of the CDS.
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B2. The Fund will be operated
according to the following provisions:
(i) The Fund shall be used for special
projects, or special needs of the
Secretariat if the Commission so
decides, aimed at enhancing the
Commission’s capacity to contribute to
the prevention, deterrence and
elimination of IUU fishing in the
Convention Area. The Fund may also be
used for assisting the development and
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7121
improving the effectiveness of the CDS
and for other such purposes as the
Commission may decide.
(ii) The Fund shall be used primarily
for projects conducted by the
Secretariat, although the participation of
Members in these projects is not
precluded. While individual Member
projects shall be considered, this shall
not replace the normal responsibilities
of Members of the Commission. The
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Fund shall not be used for routine
Secretariat activities.
(iii) Proposals for special projects may
be made by Members, by the
Commission or the Scientific Committee
and their subsidiary bodies, or by the
Secretariat. Proposals shall be submitted
to the annual meeting of the
Commission as working papers and be
accompanied by an explanation of the
proposal and an itemised statement of
estimated expenditure.
(iv) The Commission will, at each
annual meeting, designate six Members
to serve on a Review Panel to review
proposals and to make
recommendations to the Commission on
whether to fund special projects or
special needs. The Review Panel will
meet during the first week of the
Commission’s annual meeting.
(v) The Commission shall review all
proposals and decide on appropriate
projects and funding as a standing
agenda item at its annual meeting.
(vi) The Fund may be used to assist
Acceding States and non-Contracting
Parties that wish to cooperate with
CCAMLR by contributing to the
prevention, deterrence and elimination
of IUU fishing in the Convention Area,
so long as this use is consistent with
provisions (i) and (ii) above. Such
assistance shall be provided within the
scope of the CCAMLR Cooperation
Enhancement Program contained in the
Policy to Enhance Cooperation between
CCAMLR and non-Contracting Parties.
Acceding States and non-Contracting
Parties may submit proposals for
consideration by the Commission at its
annual meeting, if the proposals are
sponsored by, or in cooperation with, a
Member or the Secretariat.
(vii) The Financial Regulations of the
Commission shall apply to the Fund,
except in so far as these provisions
provide or the Commission decides
otherwise.
(viii) The Secretariat shall report to
the annual meeting of the Commission
on the activities of the Fund, including
its income and expenditure. Annexed to
the report shall be reports on the
progress of each project being funded by
the Fund, including details of the
expenditure on each project. The report
will be circulated to Members in
advance of the annual meeting.
(ix) Where an individual Member
project is being funded according to
provision (ii), that Member shall
provide an annual report on the
progress of the project, including details
of the expenditure on the project. The
report shall be submitted to the
Secretariat as a working paper to be
circulated to Members in advance of the
annual meeting. When the project is
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completed, that Member shall provide a
final statement of account certified by
an auditor acceptable to the
Commission.
(x) The Commission shall review all
ongoing projects at its annual meeting as
a standing agenda item and reserves the
right, after notice, to cancel a project at
any time should it decide that it is
necessary. Such a decision shall be
exceptional, and shall take into account
progress made to date and likely
progress in the future, and shall in any
case be preceded by an invitation from
the Commission to the project
coordinator to present a case for
continuation of funding.
(xi) The Commission may modify
these provisions at any time.
Annex 10–05/C
Procedure Regarding Cooperation With
CCAMLR in the Implementation of the
CDS by Non-Contracting Parties
Involved in the Trade of Dissostichus
SPP
C1. Prior to the annual meeting of the
Commission, the Executive Secretary
shall contact all non-Contracting Parties
which are known to be involved in the
trade with Dissostichus spp. to urge
them to become a Contracting Party to
CCAMLR or to attain the status of a nonContracting Party cooperating with
CCAMLR by participating in the Catch
Documentation Scheme for Dissostichus
spp. (CDS) in accordance with the
provisions of Conservation Measure 10–
05 and produce a summary paper for
consideration by the Commission. The
Executive Secretary shall provide copies
of this conservation measure and any
related resolutions adopted by the
Commission.
C2. The Executive Secretary shall also
establish contact with any nonContracting Party during the
intersessional period, as soon as
possible after it was known the nonContracting Party was engaged in the
trade with Dissostichus spp. The
Executive Secretary shall immediately
circulate any written responses to the
Members of the Commission.
C3. The Executive Secretary shall
encourage non-Contracting Parties to
approach the CCAMLR Secretariat with
requests for assistance. Proposals must
demonstrate how any specific assistance
requested will help to combat IUU
fishing in the Convention Area. Such
requests will be considered by the
Commission at its annual meeting.
C4. Any non-Contracting Party that
seeks to be accorded the status of nonContracting Party cooperating with
CCAMLR by participating in the CDS
shall apply to the Executive Secretary
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requesting such status. Such requests
must be received by the Executive
Secretary no later than ninety (90) days
in advance of an annual meeting of the
CAMLR Commission in order to be
considered at that meeting.
C5. Any non-Contracting Party
requesting the status of a nonContracting Party cooperating with
CCAMLR by participating in the CDS
shall fulfil the following requirements
in order to have this status considered
by the Commission:
(i) Information requirements:
(a) Communicate the data required
under the CDS.
(ii) Compliance requirements:
(a) Implement all the provisions of
Conservation Measure 10–05;
(b) Inform CCAMLR of all the
measures taken to ensure compliance by
its vessels used for the transhipments of
Dissostichus spp. and its operators,
including inter alia, and as appropriate,
inspection at sea and in port, CDS
implementation;
(c) Respond to alleged violations of
CCAMLR measures by its vessels
transhipping Dissostichus spp. and its
operators, as determined by the
appropriate bodies, and communicate to
CCAMLR the actions taken against
operators.
C6. An applicant for the status of a
non-Contracting Party cooperating with
CCAMLR by participating in the CDS
shall also:
(i) Confirm its commitment to
implement Conservation Measure 10–
05; and
(ii) Inform the Commission of the
measures it takes to ensure compliance
by its operators with Conservation
Measure 10–05.
C7. The Standing Committee for
Implementation and Compliance (SCIC)
shall be responsible for reviewing
requests for the status of nonContracting Party cooperating with
CCAMLR by participating in the CDS
and for recommending to the
Commission whether the applicants
should be granted such status.
C8. Annually the Commission shall
review the status granted to each nonContracting Party and may revoke this
status if the non-Contracting Party
concerned has not complied with the
criteria for attaining such status
established by this measure.
Conservation Measure 10–06 (2008)
Scheme to promote compliance by
Contracting Party vessels with
CCAMLR conservation measures
(Species: all; Area: all; Season: all;
Gear: all)
The Commission,
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Convinced that illegal, unreported
and unregulated (IUU) fishing
compromises the objective of the
Convention,
Aware that a number of vessels
registered to Parties and non-Parties are
engaged in activities which diminish
the effectiveness of CCAMLR
conservation measures,
Recalling that Contracting Parties are
required to cooperate in taking
appropriate action to deter any activities
which are not consistent with the
objective of the Convention,
Resolved to reinforce its integrated
administrative and political measures
aimed at eliminating IUU fishing in the
Convention Area,
Hereby adopts the following
conservation measure in accordance
with Article IX.2(i) of the Convention:
1. At each annual meeting, the
Commission will identify those
Contracting Parties whose vessels have
engaged in fishing activities in the
Convention Area in a manner which has
diminished the effectiveness of
CCAMLR conservation measures in
force, and shall establish a list of such
vessels (CP–IUU Vessel List), in
accordance with the procedures and
criteria set out hereafter.
2. This identification shall be
documented, inter alia, on reports
relating to the application of
Conservation Measure 10–03, trade
information obtained on the basis of the
implementation of Conservation
Measure 10–05 and relevant trade
statistics such as Food and Agriculture
Organization of the United Nations
(FAO) and other national or
international verifiable statistics, as well
as any other information obtained from
Port States and/or gathered from the
fishing grounds which is suitably
documented.
3. Where a Contracting Party obtains
information that vessels flying the flag
of another Contracting Party have
engaged in activities set out in
paragraph 5, it shall submit a report
containing this information, within 30
days of having become aware of it, to
the Executive Secretary and the
Contracting Party concerned.
Contracting Parties shall indicate that
the information is provided for the
purposes of considering whether to
include the vessel concerned in the CP–
IUU Vessel List under Conservation
Measure 10–06. The Executive Secretary
shall within one business day circulate
the report to the other Contracting
Parties and to non-Contracting Parties
cooperating with the Commission by
participating in the Catch
Documentation Scheme for Dissostichus
spp. (CDS), and invite them to
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communicate any information available
to them in respect of the vessels referred
to above, including their ownership,
operators and their trade activities.
4. For the purposes of this
conservation measure, the Contracting
Parties are considered as having carried
out fishing activities that have
diminished the effectiveness of the
conservation measures adopted by the
Commission if:
(i) The Parties do not ensure
compliance by their vessels with the
conservation measures adopted by the
Commission and in force, in respect of
the fisheries in which they participate
that are placed under the competence of
CCAMLR;
(ii) Their vessels are repeatedly
included in the CP–IUU Vessel List.
5. In order for a Contracting Party’s
vessel to be included in the CP–IUU
Vessel List there must be evidence,
gathered in accordance with paragraphs
2 and 3, that the vessel has:
(i) Engaged in fishing activities in the
CCAMLR Convention Area without a
licence issued in accordance with
Conservation Measure 10–02, or in
violation of the conditions under which
such licence would have been issued in
relation to authorised areas, species and
time periods; or
(ii) Not recorded or not declared its
catches made in the CCAMLR
Convention Area in accordance with the
reporting system applicable to the
fisheries it engaged in, or made false
declarations; or
(iii) Fished during closed fishing
periods or in closed areas in
contravention of CCAMLR conservation
measures; or
(iv) Used prohibited gear in
contravention of applicable CCAMLR
conservation measures; or
(v) Transhipped or participated in
joint fishing operations with, supported
or re-supplied other vessels identified
by CCAMLR as carrying out IUU fishing
activities (i.e. vessels on the CP–IUU
Vessel List or the NCP–IUU Vessel List
established under Conservation Measure
10–07); or
(vi) Failed to provide, when required
under Conservation Measure 10–05, a
valid catch document for Dissostichus
spp.; or
(vii) Engaged in fishing activities in a
manner that undermines the attainment
of the objectives of the Convention in
waters adjacent to islands within the
area to which the Convention applies
over which the existence of State
sovereignty is recognised by all
Contracting Parties, in the terms of the
statement made by the Chairman on 19
May 1980; or
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(viii) Engaged in fishing activities
contrary to any other CCAMLR
conservation measures in a manner that
undermines the attainment of the
objectives of the Convention according
to Article XXII of the Convention.
Draft CP–IUU Vessel List
6. The Executive Secretary shall,
before 1 July of each year, draw up a
draft list of Contracting Party vessels
(the Draft CP–IUU Vessel List), listing
all Contracting Party vessels that, on the
basis of the information gathered in
accordance with paragraphs 2 and 3,
and any other information that the
Executive Secretary might have
obtained in relation thereto, and the
criteria defined in paragraph 4, might be
presumed to have engaged in any of the
activities referred to in paragraph 5
during the period beginning 30 days
before the start of the previous CCAMLR
annual meeting. The Draft CP–IUU
Vessel List shall be distributed
immediately to the Contracting Parties
concerned.
7. Contracting Parties whose vessels
are included in the Draft CP–IUU Vessel
List shall transmit their comments to the
Executive Secretary before 1 September,
including verifiable VMS data and other
supporting information showing that the
vessels listed have not engaged in the
activities which led to their inclusion in
the Draft CP–IUU Vessel List.
Provisional CP–IUU Vessel List
8. The Executive Secretary shall
create a new list (‘the Provisional CP–
IUU Vessel List’) which shall comprise
the Draft CP–IUU Vessel List and all
information received pursuant to
paragraph 7. Before 1 October, the
Executive Secretary shall transmit the
Provisional CP–IUU Vessel List, the CP–
IUU Vessel List agreed at the previous
CCAMLR annual meeting, and any
evidence or documented information
received since that meeting regarding
vessels on the Provisional CP–IUU
Vessel List and CP–IUU Vessel List to
all Contracting Parties and nonContracting Parties cooperating with the
Commission by participating in the
CDS. The Executive Secretary shall at
the same time:
(i) Request non-Contracting Parties
cooperating with the Commission by
participating in the CDS that, to the
extent possible in accordance with their
applicable laws and regulations, they do
not register or de-register vessels that
have been placed on the Provisional
CP–IUU Vessel List until such time as
the Commission has had the
opportunity to consider the List and has
made its determination;
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(ii) Invite non-Contracting Parties
cooperating with the Commission by
participating in the CDS to submit any
evidence or documented information
regarding vessels on the Provisional CP–
IUU Vessel List and CP–IUU Vessel List,
at the latest 30 days before the start of
the next CCAMLR annual meeting.
Where the incident occurs within the
month preceding the next CCAMLR
annual meeting, evidence or
documented information should be
provided as soon as possible.
9. Contracting Parties shall take all
necessary measures, to the extent
possible in accordance with their
applicable laws and regulations, in
order that:
(i) They do not register or de-register
vessels that have been placed on the
Provisional CP–IUU List until such time
as the Commission has had the
opportunity to examine the List and has
made its determination;
(ii) If they do de-register a vessel on
the Provisional CP–IUU Vessel List they
inform, where possible, the Executive
Secretary of the proposed new Flag
State of the vessel, whereupon the
Executive Secretary shall inform that
State that the vessel is on the
Provisional CP–IUU Vessel List and
urge that State not to register the vessel.
Proposed and Final CP–IUU Vessel List
10. Contracting Parties shall submit to
the Executive Secretary any additional
information which might be relevant for
the establishment of the CP–IUU Vessel
List within 30 days of having become
aware of such information and at the
latest 30 days before the start of the
CCAMLR annual meeting. A report
containing this information shall be
submitted in the format set out in
paragraph 16, and Contracting Parties
shall indicate that the information is
provided for the purposes of
considering whether to include the
vessel concerned in the CP–IUU Vessel
List under Conservation Measure 10–06.
The Secretariat shall collate all
information received and, where this
has not been provided in relation to a
vessel, attempt to obtain the information
in paragraphs 16(i) to (vii).
11. The Executive Secretary shall
circulate to Contracting Parties, at the
latest 30 days before the start of the
CCAMLR annual meeting, all evidence
or documented information received
under paragraphs 8 and 9, together with
any other evidence or documented
information received in terms of
paragraphs 2 and 3.
12. At each CCAMLR annual meeting,
the Standing Committee on
Implementation and Compliance (SCIC)
shall, by consensus:
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(i) Adopt a Proposed CP–IUU Vessel
List, following consideration of the
Provisional CP–IUU Vessel List and
information and evidence circulated
under paragraph 10. The Proposed CP–
IUU Vessel List shall be submitted to
the Commission for approval;
(ii) Recommend to the Commission
which, if any, vessels should be
removed from the CP–IUU Vessel List
adopted at the previous CCAMLR
annual meeting, following consideration
of that List and information and
evidence circulated under paragraph 10.
13. SCIC shall include a vessel on the
Proposed CP–IUU Vessel List only if
one or more of the criteria in paragraph
5 have been satisfied.
14. SCIC shall recommend that the
Commission should remove a vessel
from the CP–IUU Vessel List if the
Contracting Party proves that:
(i) The vessel did not take part in the
activities described in paragraph 1
which led to the inclusion of the vessel
in the CP–IUU Vessel List; or
(ii) It has taken effective action in
response to the activities in question,
including prosecution and imposition of
sanctions of adequate severity; or
(iii) The vessel has changed
ownership, including beneficial
ownership if known to be distinct from
the registered ownership, and that the
new owner can establish the previous
owner no longer has any legal, financial,
or real interests in the vessel, or
exercises control over it and that the
new owner has not participated in IUU
fishing; or
(iv) It has taken measures considered
sufficient to ensure the granting of the
right to the vessel to fly its flag will not
result in IUU fishing.
15. In order to facilitate the work of
SCIC and the Commission, the
Executive Secretary shall prepare a
paper for each CCAMLR annual
meeting, summarising and annexing all
the information, evidence and
comments submitted in respect of each
vessel to be considered.
16. The Draft CP–IUU Vessel List,
Provisional CP–IUU Vessel List,
Proposed CP–IUU Vessel List and the
CP–IUU Vessel List shall contain the
following details:
(i) Name of vessel and previous
names, if any;
(ii) Flag of vessel and previous flags,
if any;
(iii) Owner of vessel and previous
owners, including beneficial owners, if
any;
(iv) Operator of vessel and previous
operators, if any;
(v) Call sign of vessel and previous
call signs, if any;
(vi) Lloyds/IMO number;
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(vii) Photographs of the vessel, where
available;
(viii) Date vessel was first included on
the CP–IUU Vessel List;
(ix) Summary of activities which
justify inclusion of the vessel on the
List, together with references to all
relevant documents informing of and
evidencing those activities;
(x) Date and location of subsequent
sightings of the vessel in the Convention
Area, if any, and of any other related
activities performed by the vessel
contrary to CCAMLR conservation
measures.
17. On approval of the CP–IUU Vessel
List, the Commission shall request
Contracting Parties whose vessels
appear thereon to take all necessary
measures to address these activities,
including if necessary, the withdrawal
of the registration or of the fishing
licences of these vessels, the
nullification of the relevant catch
documents and denial of further access
to the CDS, and to inform the
Commission of the measures taken in
this respect.
18. Contracting Parties shall take all
necessary measures, subject to and in
accordance with their applicable laws
and regulations and international law,
in order that:
(i) The issuance of a licence to vessels
on the CP–IUU Vessel List to fish in the
Convention Area is prohibited;
(ii) The issuance of a licence to
vessels on the CP–IUU Vessel List to
fish in waters under their fisheries
jurisdiction is prohibited;
(iii) Fishing vessels, support vessels,
refuel vessels, mother-ships and cargo
vessels flying their flag do not in any
way, in the Convention Area, assist
vessels on the CP–IUU Vessel List by
participating in any transhipment or
joint fishing operations, supporting or
resupplying such vessels;
(iv) Vessels on the CP–IUU Vessel List
should be denied access to ports unless
for the purpose of enforcement action or
for reasons of force majeure or for
rendering assistance to vessels, or
persons on those vessels, in danger or
distress. Vessels allowed entry to port
are to be inspected in accordance with
relevant conservation measures;
(v) Where port access is granted to
such vessels:
(a) Documentation and other
information, including DCDs where
relevant are examined, with a view to
verifying the area in which the catch
was taken; and where the origin cannot
be adequately verified, the catch is
detained or any landing or transhipment
of the catch is refused; and
(b) Where possible
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i. In the event catch is found to be
taken in contravention of CCAMLR
conservation measures, catch is
confiscated;
ii. All support to such vessels,
including non-emergency refuelling,
resupplying and repairs is prohibited;
(vi) The chartering of vessels on the
CP–IUU Vessel List is prohibited;
(vii) Granting of their flag to vessels
on the CP–IUU Vessel List is refused;
(viii) Imports, exports and re-exports of
Dissostichus spp. from vessels on the
CP–IUU Vessel List are prohibited;
(ix) ‘Export or Re-export Government
Authority Validation’ is not certified
when the shipment (of Dissostichus
spp.) is declared to have been caught by
any vessel on the CP–IUU Vessel List;
(x) Importers, transporters and other
sectors concerned are encouraged to
refrain from dealing with and from
transhipping of fish caught by vessels
on the CP–IUU Vessel List;
(xi) Any appropriate information
which is suitably documented is
collected and submitted to the
Executive Secretary, to be forwarded to
Contracting Parties, and nonContracting Parties, entities or fishing
entities cooperating with the
Commission by participating in the
CDS, with the aim of detecting,
controlling and preventing the
importation or exportation of, and other
trade-related activities relating to,
catches from vessels on the CP–IUU
Vessel List intended to circumvent this
conservation measure.
19. The Executive Secretary shall
place the CP–IUU Vessel List approved
by the Commission on the public
section of the CCAMLR Web site.
Furthermore, the Executive Secretary
shall communicate the CP–IUU Vessel
List to the FAO and appropriate regional
fisheries organisations to enhance
cooperation between CCAMLR and
these organisations for the purposes of
preventing, deterring and eliminating
IUU fishing.
20. The Executive Secretary shall
circulate to non-Contracting Parties
cooperating with the Commission by
participating in the CDS, the CP–IUU
Vessel List, together with the request
that, to the extent possible in
accordance with their applicable laws
and regulations, they do not register
vessels that have been placed on the List
unless they are removed from the List
by the Commission.
21. If Contracting Parties obtain new
or changed information for vessels on
the CP–IUU Vessel List in relation to the
details in paragraphs 16(i) to (vii), they
shall notify the Executive Secretary who
shall place a notification on the secure
section of the CCAMLR Web site and
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advise all Contracting Parties of the
notification. If there are no comments
on the information within seven (7)
days, the Executive Secretary will revise
the CP–IUU Vessel List.
22. Without prejudice to their rights
to take proper action consistent with
international law, Contracting Parties
should not take any trade measures or
other sanctions which are inconsistent
with their international obligations
against vessels using as the basis for the
action the fact that the vessel or vessels
have been included in the Draft CP–IUU
Vessel List drawn up by the Executive
Secretary, pursuant to paragraph 6.
23. The Chair of the Commission shall
request the Contracting Parties
identified pursuant to paragraph 1 to
take all necessary measures to avoid
diminishing the effectiveness of
CCAMLR conservation measures
resulting from their vessels’ activities,
and to advise the Commission of actions
taken in that regard.
24. The Commission shall review, at
subsequent CCAMLR annual meetings,
as appropriate, action taken by those
Contracting Parties to which requests
have been made pursuant to paragraph
23, and identify those which have not
rectified their activities.
25. The Commission shall decide
appropriate measures to be taken in
respect to Dissostichus spp. so as to
address these issues with those
identified Contracting Parties. In this
respect, Contracting Parties may
cooperate to adopt appropriate
multilaterally agreed trade-related
measures, consistent with their
obligations as members of the World
Trade Organization, that may be
necessary to prevent, deter and
eliminate the IUU activities identified
by the Commission. Multilateral traderelated measures may be used to
support cooperative efforts to ensure
that trade in Dissostichus spp. and its
products does not in any way encourage
IUU fishing or otherwise diminish the
effectiveness of CCAMLR’s conservation
measures which are consistent with the
United Nations Convention on the Law
of the Sea 1982.
Conservation Measure 10–07 (2008)
Scheme to promote compliance by nonContracting Party vessels with
CCAMLR conservation measures
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Convinced that illegal, unreported
and unregulated (IUU) fishing
compromises the objective of the
Convention,
Aware that a significant number of
vessels registered to non-Contracting
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Parties are engaged in activities which
diminish the effectiveness of CCAMLR
conservation measures,
Recalling that Contracting Parties are
required to cooperate in taking
appropriate action to deter any activities
which are not consistent with the
objective of the Convention,
Resolved to reinforce its integrated
administrative and political measures
aimed at eliminating IUU fishing in the
Convention Area,
Hereby adopts the following
conservation measure in accordance
with Article IX.2(i) of the Convention:
1. The Contracting Parties request
non-Contracting Parties to cooperate
fully with the Commission with a view
to ensuring that the effectiveness of
CCAMLR conservation measures is not
undermined.
2. At each annual meeting the
Commission shall identify those nonContracting Parties whose vessels are
engaged in IUU fishing activities in the
Convention Area that threaten to
undermine the effectiveness of
CCAMLR conservation measures, and
shall establish a list of such vessels
(NCP–IUU Vessel List), in accordance
with the procedures and criteria set out
hereafter.
3. This identification shall be
documented, inter alia, on reports
relating to the application of
Conservation Measure 10–03, trade
information obtained on the basis of the
implementation of Conservation
Measure 10–05 and relevant trade
statistics such as Food and Agriculture
Organization of the United Nations
(FAO) and other national or
international verifiable statistics, as well
as any other information obtained from
Port States and/or gathered from the
fishing grounds which is suitably
documented.
4. A non-Contracting Party vessel
which has been sighted engaging in
fishing activities in the Convention Area
or which has been denied port access,
landing or transhipment in accordance
with Conservation Measure 10–03 is
presumed to be undermining the
effectiveness of CCAMLR conservation
measures. In the case of any
transhipment activities involving a
sighted non-Contracting Party vessel
inside or outside the Convention Area,
the presumption of undermining the
effectiveness of CCAMLR conservation
measures applies to any other nonContracting Party vessel which has
engaged in such activities with that
vessel.
5. When a non-Contracting Party
vessel referred to in paragraph 4 enters
a port of any Contracting Party, it shall
be inspected by authorised Contracting
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Party officials in accordance with
Conservation Measure 10–03 and shall
not be allowed to land or tranship any
fish species subject to CCAMLR
conservation measures it might be
holding on board unless the vessel
establishes that the fish were caught in
compliance with all relevant CCAMLR
conservation measures and
requirements under this Convention.
6. A Contracting Party which sights a
non-Contracting Party vessel engaging
in fishing activities in the Convention
Area or denies a non-Contracting Party
port access, landing or transhipment
under paragraph 5 shall attempt to
inform the vessel that it is presumed to
be undermining the effectiveness of
CCAMLR conservation measures, and
that this information will be distributed
to the Executive Secretary, all
Contracting Parties and the Flag State of
the vessel.
7. Information regarding such
sightings or denial of port access,
landings or transhipments, and the
result of all inspections conducted in
the ports of Contracting Parties, and any
subsequent action shall be transmitted
within one business day to the
Commission in accordance with Article
XXII of the Convention. The Executive
Secretary shall transmit this information
to all Contracting Parties, within one
business day of receiving it, and to the
Flag State of the vessel concerned as
soon as possible and to appropriate
regional fisheries organisations. At this
time, the Executive Secretary shall, in
consultation with the Chair of the
Commission, request the Flag State
concerned that, where appropriate,
measures be taken in accordance with
its applicable laws and regulations to
ensure that the vessel desists from any
activities that undermine the
effectiveness of CCAMLR conservation
measures, and that the Flag State report
back to CCAMLR on the results of such
enquiries and/or on the measures it has
taken in respect of the vessel. The other
Contracting Parties and non-Contracting
Parties cooperating with the
Commission by participating in the
Catch Documentation Scheme for
Dissostichus spp. (CDS) shall be invited
to communicate any information
available to them in respect of the
vessels referred to above, including their
ownership, operators and their trade
activities.
8. Where a Contracting Party obtains
information that a non-Contracting Party
vessel has engaged in activities set out
in paragraph 9, it shall submit a report
containing this information, within 30
days of having become aware of it, to
the Executive Secretary (including
where such information has already
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been transmitted under paragraph 7).
Contracting Parties shall indicate that
the information is provided for the
purposes of considering whether to
include the vessel concerned in the
NCP–IUU Vessel List under
Conservation Measure 10–07. In
addition, the Contracting Party may also
submit the report directly to the nonContracting Party concerned. The
Executive Secretary shall promptly
forward the information to the nonContracting Party concerned, indicating
that it has been provided for the
purposes of considering whether to
include the vessel concerned in the
NCP–IUU Vessel List under
Conservation Measure 10–07. The
Executive Secretary shall request that
the Flag State take action to prevent the
vessel undertaking any activities that
undermine the effectiveness of
CCAMLR conservation measures and
that the Flag State report back to
CCAMLR on the measures it has taken
in respect of the vessel concerned. The
Executive Secretary shall circulate the
information and any report from the
Flag State to all other Contracting
Parties as soon as possible.
9. In order for a non-Contracting
Party’s vessel to be included in the
NCP–IUU Vessel List, there must be
evidence, gathered in accordance with
paragraphs 3 and 8, that the vessel has:
(i) Been sighted engaging in fishing
activities in the CCAMLR Convention
Area; or
(ii) Been denied port access, landing
or transhipment in accordance with
Conservation Measure 10–03; or
(iii) Transhipped or participated in
joint fishing operations with, supported
or resupplied other vessels identified by
CCAMLR as carrying out IUU fishing
activities (i.e. vessels on the NCP–IUU
Vessel List or the CP–IUU Vessel List
established under Conservation Measure
10–06); or
(iv) Failed to provide, when required
under Conservation Measure 10–05, a
valid catch document for Dissostichus
spp.; or
(v) Engaged in fishing activities in a
manner that undermines the attainment
of the objectives of the Convention in
waters adjacent to islands within the
area to which the Convention applies
over which the existence of State
sovereignty is recognised by all
Contracting Parties, in the terms of the
statement made by the Chairman on 19
May 1980; or
(vi) Engaged in fishing activities
contrary to any other CCAMLR
conservation measures in a manner that
undermines the attainment of the
objectives of the Convention according
to Article XXII of the Convention.
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Draft NCP–IUU Vessel List
10. The Executive Secretary shall,
before 1 July of each year, draw up a
draft list (‘the Draft NCP–IUU Vessel
List’), listing all non-Contracting Party
vessels that, on the basis of the
information gathered in accordance
with paragraphs 3 and 8 and any other
information that the Executive Secretary
might have obtained in relation thereto,
might be presumed to have engaged in
any of the activities referred to in
paragraph 9 during the period beginning
30 days before the start of the previous
CCAMLR annual meeting. The Draft
NCP–IUU Vessel List shall be
distributed immediately to the nonContracting Parties concerned and to all
Contracting Parties.
11. The Executive Secretary shall
invite non-Contracting Parties whose
vessels are included in the Draft NCP–
IUU Vessel List to transmit their
comments to the Executive Secretary
before 1 September, including verifiable
VMS data and other supporting
information showing that the vessels
listed have not engaged in the activities
which led to their inclusion in the Draft
NCP–IUU Vessel List.
Provisional NCP–IUU Vessel List
12. The Executive Secretary shall
create a new list (‘the Provisional NCP–
IUU Vessel List’) which shall comprise
the Draft NCP–IUU Vessel List and all
information received pursuant to
paragraph 11. Before 1 October, the
Executive Secretary shall transmit the
Provisional NCP–IUU Vessel List, the
NCP–IUU Vessel List agreed at the
previous CCAMLR annual meeting, and
any evidence or documented
information received since that meeting
regarding vessels on the Provisional
NCP–IUU Vessel List or the NCP–IUU
Vessel List to all Contracting Parties and
non-Contracting Parties cooperating
with the Commission by participating in
the CDS. The Executive Secretary shall
at the same time:
(i) Request non-Contracting Parties
cooperating with the Commission by
participating in the CDS that, to the
extent possible in accordance with their
applicable laws and regulations, they do
not register or de-register vessels that
have been placed on the List until such
time as the Commission has had the
opportunity to consider the List and has
made its determination;
(ii) Invite non-Contracting Parties
cooperating with the Commission by
participating in the CDS to submit any
evidence or documented information
regarding vessels on the Provisional
NCP–IUU Vessel List and NCP–IUU
Vessel List, at the latest 30 days before
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the start of the next CCAMLR annual
meeting. Where the incident occurs
within the month preceding the next
CCAMLR annual meeting, evidence or
documented information should be
provided as soon as possible;
(iii) Transmit the Provisional NCP–
IUU Vessel List and any evidence or
documented information received
regarding vessels on that List to all nonContracting Parties whose vessels are
included in the List and who are not
non-Contracting Parties cooperating
with the Commission by participating in
the CDS.
13. Contracting Parties shall take all
necessary measures, to the extent
possible in accordance with their
applicable laws and regulations, in
order that:
(i) They do not register vessels that
have been placed on the Provisional
NCP–IUU Vessel List until such time as
the Commission has had the
opportunity to examine the List and has
made its determination;
(ii) If they do de-register a vessel on
the Provisional NCP–IUU Vessel List
they inform, where possible, the
Executive Secretary of the proposed
new Flag State of the vessel, whereupon
the Executive Secretary shall inform
that State that the vessel is on the
Provisional NCP–IUU Vessel List and
urge that State not to register the vessel.
jlentini on PROD1PC65 with NOTICES2
Proposed and Final NCP–IUU Vessel
List
14. Contracting Parties shall submit to
the Executive Secretary any additional
information which might be relevant for
the establishment of the NCP–IUU
Vessel List within 30 days of having
become aware of such information and
at the latest 30 days before the start of
the CCAMLR annual meeting. A report
containing this information shall be
submitted in the format set out in
paragraph 20, and Contracting Parties
shall indicate that the information is
provided for the purposes of
considering whether to include the
vessel concerned in the NCP–IUU
Vessel List under Conservation Measure
10–07. The Executive Secretary shall
collate all information received and,
where this has not been provided in
relation to a vessel, attempt to obtain the
information in paragraphs 20(i) to (vii).
15. The Executive Secretary shall
circulate to Contracting Parties, at the
latest 30 days before the start of the
CCAMLR annual meeting, all evidence
or documented information received
under paragraphs 12 and 13, together
with any other evidence or documented
information received in terms of
paragraphs 3 and 8.
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16. At each CCAMLR annual meeting,
the Standing Committee on
Implementation and Compliance (SCIC)
shall, by consensus:
(i) Adopt a Proposed NCP–IUU Vessel
List, following consideration of the
Provisional NCP–IUU Vessel List and
information and evidence circulated
under paragraph 14. The Proposed
NCP–IUU Vessel List shall be submitted
to the Commission for approval;
(ii) Recommend to the Commission
which, if any, vessels should be
removed from the NCP–IUU Vessel List
adopted at the previous CCAMLR
annual meeting, following consideration
of that List and information and
evidence circulated under paragraph 14.
17. SCIC shall include a vessel on the
Proposed NCP–IUU Vessel List only if
one or more of the criteria in paragraph
9 have been satisfied.
18. SCIC shall recommend that the
Commission should remove a vessel
from the NCP–IUU Vessel List if the
non-Contracting Party proves that:
(i) The vessel did not take part in the
activities described in paragraph 9
which led to the inclusion of the vessel
in the NCP–IUU Vessel List; or
(ii) It has taken effective action in
response to the activities in question,
including prosecution and imposition of
sanctions of adequate severity; or
(iii) The vessel has changed
ownership including beneficial
ownership if known to be distinct from
the registered ownership and that the
new owner can establish the previous
owner no longer has any legal, financial,
or real interests in the vessel, or
exercises control over it and that the
new owner has not participated in IUU
fishing; or
(iv) It has taken measures considered
sufficient to ensure the granting of the
right to the vessel to fly its flag will not
result in IUU fishing.
19. In order to facilitate the work of
SCIC and the Commission, the
Executive Secretary shall prepare a
paper for each CCAMLR annual
meeting, summarising and annexing all
the information, evidence and
comments submitted in respect of each
vessel to be considered.
20. The Draft NCP–IUU Vessel List,
Provisional NCP–IUU Vessel List,
Proposed NCP–IUU Vessel List and the
NCP–IUU Vessel List shall contain the
following details:
(i) Name of vessel and previous
names, if any;
(ii) Flag of vessel and previous flags,
if any;
(iii) Owner of vessel and previous
owners including beneficial owners, if
any;
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(iv) Operator of vessel and previous
operators, if any;
(v) Call sign of vessel and previous
call signs, if any;
(vi) Lloyds/IMO number;
(vii) Photographs of the vessel, where
available;
(viii) Date vessel was first included on
the NCP–IUU Vessel List;
(ix) Summary of activities which
justify inclusion of the vessel in the List,
together with references to all relevant
documents informing of and evidencing
those activities;
(x) Date and location of subsequent
sightings of the vessel in the Convention
Area, if any, and of any other related
activities performed by the vessel
contrary to CCAMLR conservation
measures.
21. On approval of the NCP–IUU
Vessel List, the Commission shall
request non-Contracting Parties whose
vessels appear thereon to take all
necessary measures to address these
activities, including if necessary, the
withdrawal of the registration or of the
fishing licences of these vessels, the
nullification of the relevant catch
documents and denial of further access
to the CDS, and to inform the
Commission of the measures taken in
this respect.
22. Contracting Parties shall take all
necessary measures, subject to and in
accordance with their applicable laws
and regulations and international law,
in order that:
(i) The issuance of a licence to vessels
on the NCP–IUU Vessel List to fish in
waters under their fisheries jurisdiction
is prohibited;
(ii) Fishing vessels, support vessels,
refuel vessels, mother-ships and cargo
vessels flying their flag do not in any
way assist vessels on the NCP–IUU
Vessel List by participating in any
transhipment or joint fishing operations,
supporting or resupplying such vessels;
(iii) Vessels on the NCP–IUU Vessel
List should be denied access to ports
unless for the purpose of enforcement
action or for reasons of force majeure or
for rendering assistance to vessels, or
persons on those vessels, in danger or
distress. Vessels allowed entry to port
are to be inspected in accordance with
relevant conservation measures;
(iv) Where port access is granted to
such vessels:
(a) Documentation and other
information, including DCDs where
relevant are examined, with a view to
verifying the area in which the catch
was taken; and where the origin cannot
be adequately verified, the catch is
detained or any landing or transhipment
of the catch is refused; and
(b) Where possible
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i. In the event catch is found to be
taken in contravention of CCAMLR
conservation measures, catch is
confiscated;
ii. All support to such vessels,
including non-emergency refuelling,
resupplying and repairs is prohibited;
(v) The chartering of vessels on the
NCP–IUU Vessel List is prohibited;
(vi) Granting of their flag to vessels on
the NCP–IUU Vessel List is refused;
(vii) Imports, exports and re-exports
of Dissostichus spp. from vessels on the
NCP–IUU Vessel List are prohibited;
(viii) ‘‘Export or Re-export
Government Authority Validation’’ is
not certified when the shipment (of
Dissostichus spp.) is declared to have
been caught by any vessel on the NCP–
IUU Vessel List;
(ix) Importers, transporters and other
sectors concerned are encouraged to
refrain from dealing with and from
transhipping of fish caught by vessels
on the NCP–IUU Vessel List;
(x) Any appropriate information
which is suitably documented is
collected and submitted to the
Executive Secretary, to be forwarded to
Contracting Parties and non-Contracting
Parties, entities or fishing entities
cooperating with the Commission by
participating in the CDS, with the aim
of detecting, controlling and preventing
the importation or exportation of, and
other trade-related activities relating to,
catches from vessels on the NCP–IUU
Vessel List intended to circumvent this
conservation measure.
23. The Executive Secretary shall
place the NCP–IUU Vessel List
approved by the Commission on the
public section of the CCAMLR Web site.
Furthermore, the Executive Secretary
shall communicate the NCP–IUU Vessel
List to the FAO and appropriate regional
fisheries organisations to enhance
cooperation between CCAMLR and
these organisations for the purposes of
preventing, deterring and eliminating
IUU fishing.
24. The Executive Secretary shall
circulate to non-Contracting Parties
cooperating with the Commission by
participating in the CDS the NCP–IUU
Vessel List, together with the request
that, to the extent possible in
accordance with their applicable laws
and regulations, they do not register
vessels that have been placed on the List
unless they are removed from the List
by the Commission.
25. If Contracting Parties obtain new
or changed information for vessels on
the NCP–IUU Vessel List in relation to
the details in paragraphs 20(i) to (vii),
they shall notify the Executive Secretary
who shall place a notification on the
secure section of the CCAMLR Web site
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and advise all Contracting Parties and
the non-Contracting Party concerned of
the notification. If there are no
comments on the information within
seven (7) days, the Executive Secretary
will revise the NCP–IUU Vessel List.
26. Without prejudice to their rights
to take proper action consistent with
international law, Contracting Parties
should not take any trade measures or
other sanctions which are inconsistent
with their international obligations
against vessels using as the basis for the
action the fact that the vessel or vessels
have been included in the Draft NCP–
IUU Vessel List drawn up by the
Executive Secretary, pursuant to
paragraph 10.
27. The Chair of the Commission shall
request the non-Contracting Parties
identified pursuant to paragraph 1 to
take all necessary measures to avoid
diminishing the effectiveness of
CCAMLR conservation measures
resulting from their vessels’ activities,
including if necessary withdrawal of a
vessel’s registration or fishing licence,
nullification of the relevant CDS
documents and denial of further access
to the CDS, and to advise the
Commission of actions taken in that
regard.
28. Contracting Parties shall jointly
and/or individually request nonContracting Parties identified pursuant
to paragraph 2 to cooperate fully with
the Commission in order to avoid
diminishing the effectiveness of
conservation measures adopted by the
Commission.
29. The Commission shall review, at
subsequent CCAMLR annual meetings,
as appropriate, action taken by those
non-Contracting Parties to which
requests have been made pursuant to
paragraph 26, and identify those which
have not rectified their activities.
30. The Commission shall decide
appropriate measures to be taken in
respect to Dissostichus spp. so as to
address these issues with those
identified non-Contracting Parties. In
this respect, Contracting Parties may
cooperate to adopt appropriate
multilaterally agreed trade-related
measures, consistent with their
obligations as members of the World
Trade Organization, that may be
necessary to prevent, deter and
eliminate the IUU activities identified
by the Commission. Multilateral traderelated measures may be used to
support cooperative efforts to ensure
that trade in Dissostichus spp. and its
products does not in any way encourage
IUU fishing or otherwise diminish the
effectiveness of CCAMLR’s conservation
measures which are consistent with the
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United Nations Convention on the Law
of the Sea 1982.
Conservation Measure 10–09 (2008)
Notification system for transhipments
within the Convention Area
(Species: various; Area: various; Season:
all; Fishery: various)
The Commission,
Desiring to improve knowledge within
CCAMLR of all vessels operating within
the Convention Area, and in particular
those which offer support to harvesting
vessels,
Noting that an increasing number of
vessels are operating within the
Convention Area, either engaged
directly in harvesting activities or in
providing support to those vessels,
Recognising the need to increase the
control over transhipment operations
which support the harvesting of species
within the Convention Area,
Concerned that vessels involved in
the support of illegal, unreported and
unregulated (IUU) fishing may be
operating inside the Convention Area,
Taking account of the need to combat
IUU fishing activities because they
undermine the effectiveness of the
conservation measures already adopted
by CCAMLR,
Hereby adopts the following
conservation measure in accordance
with Article IX of the Convention:
1. This conservation measure applies
to all CCAMLR new and exploratory
fisheries as well as to those listed in
Annex 10–09/A.
2. Each Contracting Party as a Flag
State shall notify the Secretariat at least
72 hours in advance if any of its vessels
intend to tranship 1 within the
Convention Area. The Flag State may
permit or direct that such notifications
be provided by the vessel directly to the
Secretariat.
3. Notifications of intended
transhipment operations shall include
the following information, for all carrier
vessels involved:
• Name and registration number
• International radio call sign
• Flag State
• Type of vessels, length, gross
registered tonnage (GRT) and carrying
capacity
• Proposed time and position, in
latitude and longitude, of transhipment.
The notification should also include
details of the type and amount of
catches and other goods, such as food
stores and fuel, being transhipped.
4. The CCAMLR Secretariat shall
maintain a list of all such notifications
on the password-protected part of its
Web site, in a manner consistent with
confidentiality requirements notified by
CCAMLR Contracting Parties for their
vessels.
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5. For fisheries not covered by the
provisions of paragraph 1, CCAMLR
Contracting Parties shall provide, as a
background paper to the annual meeting
of the Commission, a report including
details set out in paragraph 3 of all
transhipments activities in the
Convention Area of the vessels flying
their flag, during the previous year.
6. No vessel covered by paragraph 1
may tranship to any vessel within the
Convention Area for which prior
notification, pursuant to paragraphs 1 to
3 above, has not been given.
7. The Commission shall review the
implementation of this conservation
measure at its 2010 meeting.
1 Transhipment means the transfer of
harvested marine living resources and any
other goods or materials to or from fishing
vessels.
Annex 10–09/A
Additional Fisheries to Which This
Conservation Measure Applies
Target species
Statistical subarea/division
Dissostichus eleginoides ..................................................
Subarea 48.3 ............................................
Division 58.5.2 ..........................................
Subarea 48.4 ............................................
Subarea 48.3 ............................................
Division 58.5.2 ..........................................
Subarea 48.3 ............................................
Dissostichus spp. ..............................................................
Champsocephalus gunnari ...............................................
Crab ..................................................................................
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Conservation Measure 21–01 (2008) 1, 2
Notification that Members are
considering initiating a new fishery.
(Species: all; Area: all; Season: all; Gear:
all)
The Commission,
Recognising that in the past, Antarctic
fisheries have been initiated in the
Convention Area before sufficient
information was available upon which
to base management advice,
Noting that in recent years new
fisheries have started without adequate
information being available to evaluate
either the fishery potential or the
possible impacts on the target stocks or
species dependent on them,
Believing that without prior
notification of a new fishery, the
Commission is unable to fulfil its
function under Article IX,
Hereby adopts the following
conservation measure in accordance
with Article IX of the Convention:
1. A new fishery, for the purposes of
this conservation measure, is a fishery
on a species using a particular fishing
method in a statistical subarea or
division for which:
(i) Information on distribution,
abundance, demography, potential yield
and stock identity from comprehensive
research/surveys or exploratory fishing
have not been submitted to CCAMLR;
or
(ii) Catch and effort data have never
been submitted to CCAMLR;
or
(iii) Catch and effort data from the two
most recent seasons in which fishing
occurred have not been submitted to
CCAMLR.
2. In addition to those fisheries
identified according to paragraph 1, the
use of fishing methods in high-seas
areas of the Convention Area as
specified in Annex 21–01/A will
constitute new fisheries and will require
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approval of the Commission for specific
areas before proceeding.
3. Any Member proposing to
participate in a new fishery shall:
(i) Notify its intention to the
Commission not less than three months
in advance of the next regular meeting
of the Commission. This notification
shall include the information prescribed
in paragraph 4 of Conservation Measure
10–02 in respect of vessels proposing to
participate in the fishery, with the
exception that the notification shall not
be required to specify the information
referred to in subparagraph 4(ii) of
Conservation Measure 10–02. Members
shall, to the extent practicable, also
provide in their notification the
additional information detailed in
paragraph 5 of Conservation Measure
10–02 in respect to each fishing vessel
notified. Members are not hereby
exempted from their obligations under
Conservation Measure 10–02 to submit
any necessary updates to vessel and
licence details within the deadline
established therein as of issuance of the
licence to the vessel concerned;
(ii) Prepare and submit to CCAMLR
by a specified date a Fishery Operations
Plan for the fishing season, for review
by the Scientific Committee and the
Commission. The Fishery Operations
Plan shall include as much of the
following information as the Member is
able to provide, so as to assist the
Scientific Committee in its preparation
of the Data Collection Plan:
(a) The nature of the new fishery,
including target species, methods of
fishing, proposed region and maximum
catch levels proposed for the
forthcoming season;
(b) Biological information on the
target species from comprehensive
research/survey cruises, such as
distribution, abundance, demographic
data and information on stock identity;
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Fishing gear
Longline
Longline, pot, trawl
Longline
Trawl
Trawl
Pot
(c) Details of dependent and related
species and the likelihood of their being
affected by the proposed fishery;
(d) Information from other fisheries in
the region or similar fisheries elsewhere
that may assist in the evaluation of
potential yield;
(e) If the proposed fishery will be
undertaken using bottom trawl gear,
information on the known and
anticipated impacts of this gear on
vulnerable marine ecosystems,
including benthos and benthic
communities.
(iii) Provide a commitment, in its
proposal, to implement any Data
Collection Plan developed by the
Scientific Committee for the fishery.
4. The Member shall not initiate a
new fishery pending the process
specified in paragraphs 8 and 9 below.
5. To ensure that adequate
information is made available to the
Scientific Committee for evaluation,
during the period when a fishery is
classified as new, the Scientific
Committee shall develop (and update
annually as appropriate) a Data
Collection Plan, which should include
research proposals, as appropriate. This
shall identify the data needed and
describe any operational research
actions necessary to obtain the relevant
data from the new fishery to enable an
assessment of the stock to be made.
6. The Data Collection Plan shall
include, where appropriate:
(i) A description of the catch, effort
and related biological, ecological and
environmental data required to
undertake the evaluations described in
paragraph 1, and the date by which such
data are to be reported annually to
CCAMLR;
(ii) A plan for directing fishing effort
during the initial phase to permit the
acquisition of relevant data to evaluate
the fishery potential and the ecological
relationships among harvested,
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dependent and related populations and
the likelihood of adverse impacts;
(iii) Where appropriate, a plan for the
acquisition of any other research data by
fishing vessels, including activities that
may require the cooperative activities of
scientific observers and the vessel, as
may be required for the Scientific
Committee to evaluate the fishery
potential and the ecological
relationships among harvested,
dependent and related populations and
the likelihood of adverse impacts;
(iv) An evaluation of the time scales
involved in determining the responses
of harvested, dependent and related
populations to fishing activities.
7. New fisheries shall be open only to
those vessels that are equipped and
configured so that they can comply with
all relevant conservation measures. A
vessel with a confirmed involvement in
illegal, unreported or unregulated
fishing in respect of Conservation
Measures 10–06 and 10–07 shall not be
permitted to participate in new
fisheries.
8. The information provided in
accordance with paragraphs 3 to 7,
together with any other relevant
information, shall be considered by the
Scientific Committee, which shall then
advise the Commission.
9. After its review of the information
on the proposed new fishery, taking full
account of the recommendations and
the advice of the Scientific Committee,
the Commission may then take such
action as it deems necessary.
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1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
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Annex 21–01/A
Additional Fishing Methods
Bottom trawling in high-seas areas of
the Convention Area.
Conservation Measure 21–03 (2008)
Notifications of intent to participate in
a fishery for Euphausia superba
(Species: krill; Area: all; Season: all;
Gear: all)
1. In order for the Scientific
Committee to thoroughly study the
notifications to fish for krill for the
coming season, all Members of the
Commission intending to fish for krill in
the Convention Area shall notify the
Secretariat of their intention not later
than 1 June prior to the annual meeting
of the Commission, immediately prior to
the season in which they intend to fish,
using the pro formas in Annex 21–03/
A and Annex 21–03/B.
2. This notification shall include the
information prescribed in paragraph 4 of
Conservation Measure 10–02 in respect
of each vessel proposing to participate
in the fishery, with the exception that
the notification shall not be required to
specify the information referred to in
subparagraph 4(ii) of Conservation
Measure 10–02. Members shall, to the
extent practicable, also provide in their
notification the additional information
detailed in paragraph 5 of Conservation
Measure 10–02 in respect to each
fishing vessel notified. Members are not
hereby exempted from their obligations
under Conservation Measure 10–02 to
submit any necessary updates to vessel
and licence details within the deadline
established therein as of issuance of the
licence to the vessel concerned.
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3. A Member intending to fish for krill
in the Convention Area may only notify
in respect of vessels flying its flag at the
time of the notification.
4. Members shall ensure, including by
submitting notifications by the due date,
appropriate review by the Commission
of notifications to fish for krill in the
Convention Area before a vessel
commences fishing.
5. Notwithstanding paragraph 4,
Members shall be entitled under
Conservation Measure 10–02 to
authorise participation in a krill fishery
by a vessel other than that notified to
the Commission in accordance with
paragraph 2, if the notified vessel is
prevented from participation due to
legitimate operational reasons or force
majeure. In such circumstances the
Member concerned shall immediately
inform the Secretariat providing:
(i) Full details of the intended
replacement vessel(s) as prescribed in
paragraph 2;
(ii) A comprehensive account of the
reasons justifying the replacement and
any relevant supporting evidence or
references.
The Secretariat shall immediately
circulate this information to all
Members.
6. A vessel on either of the IUU Vessel
Lists established under Conservation
Measures 10–06 and 10–07 shall not be
permitted by Members to participate in
krill fisheries.
7. The Secretariat shall provide the
Commission and its relevant subsidiary
bodies with information regarding
substantial discrepancies between
notifications and actual catches in the
krill fishery in the latest season.
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Conservation Measure 22–05 (2008)
Restrictions on the use of bottom
trawling gear in high-seas areas of the
Convention Area
(Species: all; Area: high seas; Season:
all; Gear: bottom trawl)
The Commission hereby adopts the
following conservation measure in
accordance with Article IX of the
Convention:
1. The use of bottom trawling gear in
the high-seas areas of the Convention
Area is restricted to areas for which the
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Commission has conservation measures
in force for bottom trawling gear.
2. This conservation measure does not
apply to the use of bottom trawling gear
in conducting scientific research in the
Convention Area.
Conservation Measure 22–06 (2008) 1 2
Bottom fishing in the Convention Area
(Species: all; Area: see paragraphs 1, 2;
Season: all; Gear: bottom fishing)
The Commission,
Recognising the commitment made by
Members to implement the CCAMLR
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precautionary and ecosystem
approaches to fisheries management by
embracing principles of conservation as
stated in Article II of the Convention,
Conscious of the urgent need to
protect vulnerable marine ecosystems
(VMEs) from bottom fishing activities
that have significant adverse impacts on
such ecosystems,
Noting that United Nations General
Assembly Resolution 61/105, adopted
on 8 December 2006, calls on regional
fisheries management organisations or
arrangements with the competence to
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regulate bottom fisheries to adopt and
implement measures to prevent
significant adverse impacts of bottom
fisheries on VMEs and noting further
that all CCAMLR Members joined in the
consensus by which this resolution was
adopted,
Noting also the importance of Article
IX of the Convention, including the use
of the best scientific evidence available,
Aware of the steps already taken by
CCAMLR to address the impacts of
deep-sea gillnetting and bottom trawling
in the Convention Area, through the
implementation of Conservation
Measures 22–04 and 22–05 respectively,
Recognising that CCAMLR has
responsibilities for the conservation of
Antarctic marine living resources, part
of which include the attributes of a
regional fisheries management
organisation,
Noting that all CCAMLR conservation
measures are published on the CCAMLR
Web site,
Hereby adopts the following
conservation measure in accordance
with Article IX of the Convention:
Management of Bottom Fishing
1. This conservation measure applies
to areas in the Convention Area south of
60° S, and to the rest of the Convention
Area with the exception of subareas and
divisions where an established fishery
was in place in 2006/07 with a catch
limit greater than zero.
2. This conservation measure also
applies to the area of Division 58.4.1
north of 60° S.
3. For the purposes of this measure,
the term ‘vulnerable marine ecosystems’
in the context of CCAMLR includes
seamounts, hydrothermal vents, cold
water corals and sponge fields.
4. For the purposes of this measure,
the term ‘bottom fishing activities’
includes the use of any gear that
interacts with the bottom.
5. Until 30 November 2008, bottom
fishing activities shall be limited to
those areas for which bottom fishing
activities were approved by the
Commission in the 2006/07 fishing
season.
6. Contracting Parties whose vessels
wish to engage in any bottom fishing
activities, beginning 1 December 2008,
shall follow the procedures described in
paragraphs 8 to 12 below.
7. Contracting Parties shall authorise
vessels flying their flag to participate in
bottom fishing activities only in
accordance with the provisions of this
conservation measure and Conservation
Measure 10–02.
Assessment of Bottom Fishing
8. All individual bottom fishing
activities commencing 1 December 2008
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and thereafter shall be subject to
assessment by the Scientific Committee,
based on the best available scientific
information, to determine if such
activities, taking account of the history
of bottom fishing in the areas proposed,
would contribute to having significant
adverse impacts on VMEs, and to ensure
that if it is determined that these
activities would make such
contributions, that they are managed to
prevent such impacts or are not
authorised to proceed. The assessments
shall include the following procedures:
(i) Each Contracting Party proposing
to participate in bottom fishing shall
submit to the Scientific Committee and
Commission information and a
preliminary assessment based on the
pro forma in Annex 22–06/A, with the
best available data, of the known and
anticipated impacts of its bottom fishing
activities on VMEs, including benthos
and benthic communities, no less than
three months in advance of the next
meeting of the Commission. These
submissions shall also include the
mitigation measures proposed by the
Contracting Party to prevent such
impacts.
(ii) The Scientific Committee shall
undertake an assessment, according to
procedures and standards it develops,
and provide advice to the Commission
as to whether the proposed bottom
fishing activity would contribute to
having significant adverse impacts on
VMEs and, if so, whether the proposed
or additional mitigation measures
would prevent such impacts. The
Scientific Committee may use in its
assessment additional information
available to it, including information
from other fisheries in the region or
similar fisheries elsewhere.
(iii) The Commission shall, taking
account of advice and recommendations
provided by the Scientific Committee
concerning bottom fishing activities,
including data and information arising
from reports pursuant to paragraph 8,
adopt conservation measures to prevent
significant adverse impacts on VMEs,
that as appropriate:
(a) Allow, prohibit or restrict bottom
fishing activities within particular areas;
(b) Require specific mitigation
measures for bottom fishing activities;
(c) Allow, prohibit or restrict bottom
fishing with certain gear types; and/or
(d) Contain any other relevant
requirements or restrictions to prevent
significant adverse impacts to VMEs.
Encounters With VMEs
9. Annex 22–06/B provides a
notification form for Contracting Parties
to use to notify the Secretariat when
evidence of VMEs has been
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7137
encountered, and has not otherwise
been reported under Conservation
Measure 22–07.
10. Contracting Parties, in the absence
of site-specific or other conservation
measures to prevent significant adverse
impact on VMEs, shall require vessels
flying their flag to cease bottom fishing
activities in any location where
evidence of a VME is encountered in the
course of fishing operations, and to
report the encounter to the Secretariat in
accordance with the schedule of the
Catch and Effort Reporting System
(Conservation Measures 23–01, 23–02 or
23–03, whichever is applicable), so that
appropriate conservation measures can
be adopted in respect of the relevant
site.
11. The Scientific Committee shall
provide advice to the Commission on
the known and anticipated impacts of
bottom fishing activities on VMEs, and
recommend practices, including ceasing
fishing operations if needed, when
evidence of a VME is encountered in the
course of bottom fishing operations.
Taking account of this advice, the
Commission shall adopt conservation
measures to be applied when evidence
of a VME is encountered in the course
of fishing operations.
Monitoring and Control of Bottom
Fishing Activities
12. Notwithstanding Members’
obligations pursuant to Conservation
Measure 21–02, all Contracting Parties
whose vessels participate in bottom
fisheries shall:
(i) Ensure that their vessels are
equipped and configured so that they
can comply with all relevant
conservation measures;
(ii) Ensure that each vessel carries at
least one CCAMLR-designated scientific
observer to collect data in accordance
with this and other conservation
measures;
(iii) Submit data pursuant to Data
Collection Plans for bottom fisheries to
be developed by the Scientific
Committee and included in
conservation measures;
(iv) Be prohibited from continuing
participation in the relevant bottom
fishery if data arising from conservation
measures relevant to that bottom fishery
have not been submitted to CCAMLR
pursuant to paragraph 12(iii) for the
most recent season in which fishing
occurred, until the relevant data have
been submitted to CCAMLR and the
Scientific Committee has been allowed
an opportunity to review the data.
13. The Secretariat shall annually
compile a list of vessels authorised to
fish pursuant to this conservation
measure and shall make this list
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publicly available on CCAMLR’s Web
site.
Data Collection and Sharing and
Scientific Research
14. The Scientific Committee shall,
based on the best available scientific
information, advise the Commission on
where VMEs are known to occur or are
likely to occur, and advise on potential
mitigation measures. Contracting Parties
shall provide the Scientific Committee
with all relevant information to assist in
this work. The Secretariat shall
maintain an inventory including digital
maps of all known VMEs in the
Convention Area for circulation to all
Contracting Parties and other relevant
bodies.
15. Scientific bottom fishing research
activities notified under Conservation
Measure 24–01, paragraph 2, shall
proceed according to Conservation
Measure 24–01 and shall be undertaken
with due regard to potential impacts on
VMEs. Scientific bottom fishing
research activities notified under
Conservation Measure 24–01, paragraph
3, shall be treated in accordance with all
aspects of paragraph 9 of this
conservation measure, notwithstanding
the procedures in Conservation Measure
24–01. Consistent with existing
reporting requirements in Conservation
Measure 24–01, paragraph 4,
information regarding the location and
the type of any VME encountered, in the
course of scientific bottom fishing
research activities, shall be reported to
the Secretariat.
Review
16. This conservation measure will be
reviewed at the next regular meeting of
the Commission, based on the findings
of the Scientific Committee. In addition,
beginning in 2009 and biennially
thereafter, the Commission will examine
the effectiveness of relevant
conservation measures in protecting
VMEs from significant adverse impacts,
based on advice from the Scientific
Committee.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
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Annex 22–06/A
Pro Forma for Submitting Preliminary
Assessments of the Potential for
Proposed Bottom Fishing Activities to
Have Significant Adverse Impacts on
Vulnerable Marine Ecosystems (VMEs)
1. Preliminary assessment of bottom
fishing activities—Required Information
1.1 Scope
1.1.1 Fishing method(s) to be used
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Longline type (Spanish/auto/trotline/
pots)
1.1.2 Subarea/division e.g. 88.1 and
88.2
1.1.3 Period of application
Year
1.2 Proposed fishing activity
1.2.1 Detailed description of gear
Please provide a detailed diagram of
the gear configuration to be used
(see WG–FSA–08/60 for example or
diagrams available in the CCAMLR
observer logbook). Include details of
line type; line length (length range
if necessary); hook type(s); numbers
per line and spacing of hooks
within a line (per vertical line for
trotlines); weight material and
mass; spacing of weights; anchor
type; floats and spacing etc. for each
vessel included in this application/
notification.
1.2.2 Scale of proposed activity
Please provide estimates of total
numbers of hooks and/or lines to be
deployed.
1.2.3 Spatial distribution of activity
Please provide details of SSRUs or
geographical regions within the
subarea/division in which activities
will take place including the depth
range of fishing activities.
1.3 Mitigation measures to be used
Please provide details of
modifications to gear configuration
or methods of deployment aimed at
preventing or reducing adverse
impacts to VMEs.
2. Preliminary assessment of bottom
fishing activities—Supporting
Information
2.1 Assessment of known/anticipated
impacts on VMEs
Please provide data or information
available on the current state of
knowledge of impacts of proposed
fishing activities on VMEs within
the area of activity.
2.1.1 Estimated spatial effort
footprint
Please provide details of % area
covered by fishing effort.
2.1.2 Summary of potential VMEs
present within areas of activity e.g.
biogenic/geological; habitat area
coverage/distribution; fragility/
vulnerability and resilience of
habitats; species composition/
endemism; life-history traits. Please
provide details.
2.1.3 Probability of impacts e.g. low/
medium/high/unknown. Please
provide details.
2.1.4 Magnitude/severity of the
interaction of the proposed fishing
gear with VMEs e.g. associated
mortality and spatial extent of
impacts. Please provide details.
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2.1.5 Physical and biological/
ecological consequences of impact
e.g. loss of physical habitat
structure or of keystone species or
extinctions.
2.2 Estimated cumulative footprint
Please provide an estimated
cumulative impact derived from
information provided under 2.1.1 to
2.1.5 above and any additional
information available from the
Secretariat (e.g. historical fishing
effort; habitat maps).
2.3. Research activities related to
provision of new information on
VMEs
2.3.1 Previous research
Please provide a summary of research
previously carried out in the
proposed area of activity by your
Member State (including national/
regional/international research
programs). This should include data
collected in the previous season
under 2.3.2 and details of data
submitted to the Secretariat such as:
—Indirect evidence (e.g. by-catch
observation; species identification
through sample collection and
genetic and morphological analysis;
acoustic or geomorphic data
collection; other)
—Direct evidence (e.g. observations
using camera gear or ROVS; other)
2.3.2 In-season research
Please summarise details of the
research planned during the
proposed fishing activities by your
Member State (including national/
regional/international research
programs). Please provide details of
what data will be collected in order
to document evidence of or further
knowledge on VMEs within the
areas of activities including:
—Indirect evidence (see examples
above)
—Direct evidence (see examples
above)
2.3.3 Follow-on research
Please provide details of potential
future research resulting from
previous/in-season research,
including collaborative work with
other Member States or as part of
national/regional/international
research programs including:
—Indirect evidence (see examples
above)
—Direct evidence (see examples
above)
Conservation Measure 22–07 (2008) 1 2
Interim measure for bottom fishing
activities subject to Conservation
Measure 22–06 encountering potential
vulnerable marine ecosystems in the
Convention Area
(Species: all; Area: see CM 22–06;
Season: all; Gear: bottom fishing)
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The Commission,
Noting the commitment made by
Members to avoid significant adverse
impacts on vulnerable marine
ecosystems (VMEs) from bottom fishing
activities,
Acknowledging the current
prohibitions on bottom trawling in
Conservation Measure 22–05 and on
deep-sea gillnetting in Conservation
Measure 22–04 in the high seas areas of
the Convention Area,
Agreeing on the need to implement
the precautionary approach for
managing bottom fisheries with respect
to VMEs due to the difficulty in
acquiring data on their location, extent
and risk of significant adverse impacts,
Further noting the need to acquire
additional data during the 2008/09
season to contribute to assessments and
advice on a long-term precautionary
approach to avoiding significant adverse
impacts on VMEs,
Hereby adopts the following
conservation measure in accordance
with Article IX of the Convention and
Conservation Measure 22–06:
Area
1. This conservation measure applies
to the same area as Conservation
Measure 22–06.
jlentini on PROD1PC65 with NOTICES2
Definitions
2. The following definitions apply to
this conservation measure:
(i) Those contained in paragraphs 3
and 4 in Conservation Measure 22–06
relating to ‘vulnerable marine
ecosystems’ (VMEs) and ‘bottom fishing
activities’.
(ii) VME indicator organism means
any benthic organism listed in the
Benthic Invertebrate Classification
Guide 3.
(iii) ‘VME indicator unit’ means either
one litre of those VME indicator
organisms that can be placed in a 10litre container; or one kilogram of those
VME indicator organisms that do not fit
into a 10-litre container.
(iv) ‘Line segment’ means a 1 000hook section of line or a 1 200 m section
of line, whichever is the shorter, and for
pot lines a 1 200 m section.
(v) ‘Risk Area’ means an area where
10 or more VME indicator units are
recovered within a single line segment.
A Risk Area has a radius of 1 n mile
from the midpoint 4 of the line segment
from which the VME indicator units are
recovered. However, Members may
require their vessels to observe a larger
Risk Area in accordance with their
domestic laws.
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Vessel Requirements
3. Members shall require their vessels
to clearly mark fishing lines into line
segments and to monitor all line
segments for the number of VME
indicator units.
4. Members shall require their vessels,
if 10 or more VME indicator units are
recovered in one line segment, to
complete hauling any lines intersecting
with the Risk Area without delay and
not to set any further lines intersecting
with the Risk Area. The vessel shall
immediately communicate to the
Secretariat and to its Flag State the
location of the midpoint of the line
segment from which those VME
indicator units were recovered along
with the number of VME indicator units
recovered.
5. Members shall require their vessels,
if five or more VME indicator units are
recovered within one line segment, to
immediately communicate to the
Secretariat 5 and to their Flag State the
location of the midpoint of the line
segment from which those VME
indicator units were recovered along
with the number of VME indicator units
recovered.
Management
6. On receipt of a notification under
paragraph 4, the Secretariat shall:
(i) Record the location of the Risk
Area;
(ii) Within one working day of receipt,
notify all fishing vessels in the relevant
fishery and their Flag States that the
Risk Area is closed; and that, as in
paragraph 4, all vessels shall
immediately cease setting any further
lines intersecting with the Risk Area.
7. On receipt of five notifications
under paragraph 5 within a single finescale rectangle 6, the Secretariat shall,
within one working day of receiving the
fifth notification, notify all fishing
vessels in the relevant fishery and their
Flag States of the coordinates of the
fine-scale rectangle, indicating that
VMEs may occur within that area.
Vessels may continue to fish in the area
consistent with paragraphs 4 and 5.
Data
8. Vessels shall report in accordance
with Conservation Measure 23–01 total
benthos recovered in a 5-day period. To
the extent possible, VME indicator units
for each line segment and the midpoint
of each line segment on all lines should
be reported in the fine-scale data.
Review
9. A Risk Area shall remain closed for
any fishery until reviewed by the
Scientific Committee and management
actions are determined by the
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7139
Commission. Scientific research as
agreed by the Scientific Committee shall
be allowed in Risk Areas.
10. The Commission will review this
conservation measure in 2009, in light
of observer, vessel and other data
collected during the 2008/09 season, the
results of the 2009 Expert Workshop on
Vulnerable Marine Ecosystems, any
other relevant information, the
deliberations of the Working Group on
Ecosystem Monitoring and Management
(WG–EMM) and the Working Group on
Fish Stock Assessment (WG–FSA), and
in accordance with the advice of the
Scientific Committee.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Available from the Secretariat.
4 In latitude and longitude.
5 This may be through the Flag State or
directly to the Secretariat, whichever is the
most practicable.
6 A fine-scale rectangle is defined as an
area of 0.5° latitude by 1° longitude with
respect to the northwest corner of the
statistical subarea or division. The
identification of each rectangle is by the
latitude of its northernmost boundary and the
longitude of the boundary closest to 0°.
Conservation Measure 24–01 (2008) 1 2
The application of conservation
measures to scientific research
(Species: all; Area: all; Season: all; Gear:
all)
This conservation measure governs the
application of conservation measures
to scientific research and is adopted
in accordance with Article IX of the
Convention.
1. General Application:
(a) Catches taken by any vessel for
research purposes will be considered as
part of any catch limits in force for each
species taken unless the catch limit in
an area3 is set at zero.
(b) In the event of research being
undertaken in an area3 with a zero catch
limit, then the catches adopted under
paragraphs 2 or 3 below shall be
considered to be the catch limit for the
season in that area. When such an area
sits within a group of areas to which an
overall catch limit applies, that overall
catch limit shall not be exceeded
including any catch taken for research
purposes.
2. Application to Members taking less
than 50 tonnes of finfish in a season
including no more than the amounts
specified for finfish taxa in Annex 24–
01/B and less than 0.1% of a given catch
limit for non-finfish taxa indicated in
Annex 24–01/B:
(a) Any Member planning to use a
vessel or vessels for research purposes
when the estimated seasonal catch is as
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above shall notify the Secretariat of the
Commission which in turn will notify
all Members immediately, according to
the format provided in Annex 24–01/A.
(b) Vessels to which the provisions of
paragraph 2(a) above apply, shall be
exempt from conservation measures
relating to mesh size regulations,
prohibition of types of gear, closed
areas, fishing seasons and size limits,
and reporting system requirements other
than those specified in paragraph 4
below.
3. Application to Members taking
more than 50 tonnes of finfish or more
than the amounts specified for finfish
taxa in Annex 24–01/B or more than
0.1% of a given catch limit for nonfinfish taxa indicated in Annex 24–01/
B:
(a) Any Member planning to use any
type of vessel or vessels to conduct
fishing for research purposes when the
estimated seasonal catch is as above,
shall notify the Commission and
provide the opportunity for other
Members to review and comment on its
Research Plan. The plan shall be
provided to the Secretariat for
distribution to Members at least six
months in advance of the planned
starting date for the research. In the
event of any request for a review of such
plan being lodged within two months of
its circulation, the Executive Secretary
shall notify all Members and submit the
plan to the Scientific Committee for
review. Based on the submitted
Research Plan and any advice provided
by the appropriate working group, the
Scientific Committee will provide
advice to the Commission where the
review process will be concluded. Until
the review process is complete, the
planned fishing for research purposes
shall not proceed.
(b) Research Plans shall be reported in
accordance with the standardised
guidelines and formats adopted by the
Scientific Committee, given in Annex
24–01/A.
4. Reporting requirements for these
research activities are:
(a) The CCAMLR within-season fiveday reporting system shall apply.
(b) All research catches shall be
reported to CCAMLR as part of the
annual STATLANT returns.
(c) A summary of the results of any
research subject to the above provisions
shall be provided to the Secretariat
within 180 days of the completion of the
research fishing. Members shall provide
a full report to the Scientific Committee
within 12 months for review and
comment.
(d) Catch, effort and biological data
resulting from research fishing should
be reported to the Secretariat according
to the haul-by-haul reporting format for
research vessels (C4).
5. Other requirements for these
research activities are:
(a) All vessels conducting research
fishing under the research exemption,
during a voyage that invokes any
commercial fishing, shall be linked to
an automated satellite-linked vessel
monitoring system in accordance with
Conservation Measure 10–04.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Any management area including subarea,
division or SSRU, whichever is designated as
a zero catch limit.
Annex 24–01/A
Formats for Notification of Research
Vessel Activity
[this annex is unchanged]
Annex 24–01/B
Taxa-Specific Schedule for Notification
of Research Vessel Activity
Taxon
Gear type
Expected catch
(tonnes)
(a) Thresholds for finfish taxa
Dissostichus spp..
Champsocephalus gunnari ...................................................................................................
(b) Non-finfish taxa for which a catch threshold of 0.1% of the catch limit for a given area
would apply
Krill ........................................................................................................................................
Squid .....................................................................................................................................
Crabs ....................................................................................................................................
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Conservation Measure 24–02 (2008)
Longline weighting for seabird
conservation.
(Species: seabirds; Area: selected;
Season: all; Gear: longline)
In respect of fisheries in Statistical
Subareas 48.4, 48.6, 88.1 and 88.2 and
Statistical Divisions 58.4.1, 58.4.2,
58.4.3a, 58.4.3b and 58.5.2, paragraph
5 of Conservation Measure 25–02
shall not apply only where a vessel
can demonstrate its ability to fully
comply with one of the following
protocols.
Protocol A (for vessels monitoring
longline sink rate with Time-Depth
Recorders (TDRs) and using longlines to
which weights are manually attached):
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A1. Prior to entry into force of the
licence for this fishery and once per
fishing season, either prior to entering
the Convention Area or at the first
opportunity after entering the
Convention Area and before
commencing fishing, the vessel shall,
under observation by a scientific
observer:
(i) Set a minimum of two longlines,
unbaited if set in the Convention Area,
with a minimum of four TDRs on the
middle one-third of each longline,
where:
(a) For vessels using the auto longline
system, each longline shall be at least 6
000 m in length;
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Longline .................................
Trawl ......................................
Pot .........................................
Other .....................................
All ..........................................
5
5
5
0
10
................................................
................................................
................................................
............................
............................
............................
(b) For vessels using the Spanish
longline system, each longline shall be
at least 16 000 m in length;
(c) For vessels using the Spanish
longline system, with longlines less
than 16 000 m in length, each longline
shall be of the maximum length to be
used by the vessel in the Convention
Area;
(d) For vessels using a longline system
other than an autoline or Spanish
longline system, each longline shall be
of the maximum length to be used by
the vessel in the Convention Area;
(ii) Randomise TDR placement on the
longline, noting that, except for
trotlines, all tests should be applied
midway between weights. In the case of
trotlines TDRs should be placed on
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droppers less than 1 m from the
attachment position of the uppermost
cluster of hooks (i.e., hooks most distant
from line weight);
(iii) Calculate an individual sink rate
for each TDR when returned to the
vessel, where:
(a) The sink rate shall be measured as
an average of the time taken for the
longline to sink from the surface (0 m)
to 15 m;
(b) This sink rate shall be at a
minimum rate of 0.3 m/s;
(iv) If the minimum sink rate is not
achieved at all eight sample points (four
tests on two longlines), continue the
testing until such time as a total of eight
tests with a minimum sink rate of 0.3 m/
s are recorded;
(v) All equipment and fishing gear
used in the tests is to be to the same
specifications as that to be used in the
Convention Area.
A2. During fishing, for a vessel to be
allowed to maintain the exemption to
night-time setting requirements
(paragraph 5 of Conservation Measure
25–02), regular longline sink monitoring
shall be undertaken by the CCAMLR
scientific observer. The vessel shall
cooperate with the CCAMLR observer
who shall:
(i) Attempt to conduct a TDR test on
one longline set every twenty-four hour
period;
(ii) Every seven days place at least
four TDRs on a single longline to
determine any sink rate variation along
the longline;
(iii) Randomise TDR placement on the
longline, noting that all tests should be
applied halfway between weights;
(iv) Calculate an individual longline
sink rate for each TDR when returned to
the vessel;
(v) Measure the longline sink rate as
an average of the time taken for the
longline to sink from the surface (0 m)
to 15 m.
A3. The vessel shall:
(i) Ensure that all longlines are
weighted to achieve a minimum
longline sink rate of 0.3 m/s at all times
whilst operating under this exemption;
(ii) Report daily to its national agency
on the achievement of this target whilst
operating under this exemption;
(iii) Ensure that data collected from
longline sink rate tests and longline sink
rate monitoring during fishing are
recorded in the CCAMLR-approved
format 1 and submitted to the relevant
national agency and CCAMLR Data
Manager within two months of the
vessel departing a fishery to which this
measure applies.
Protocol B (for vessels monitoring
longline sink rate with bottle tests and
using longlines to which weights are
manually attached):
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B1. Prior to entry into force of the
licence for this fishery and once per
fishing season either prior to entering
the Convention Area or at the first
opportunity after entering the
Convention Area and before
commencing fishing, the vessel shall,
under observation by a scientific
observer:
(i) Set a minimum of two longlines,
unbaited if set in the Convention Area,
with a minimum of four bottle tests (see
paragraphs B5 to B9) on the middle onethird of each longline, where:
(a) For vessels using the auto longline
system, each longline shall be at least 6
000 m in length;
(b) For vessels using the Spanish
longline system, each longline shall be
at least 16 000 m in length;
(c) For vessels using the Spanish
longline system, with longlines less
than 16 000 m in length, each longline
shall be of the maximum length to be
used by the vessel in the Convention
Area;
(d) For vessels using a longline system
other than an autoline or Spanish
longline system, each longline shall be
of the maximum length to be used by
the vessel in the Convention Area;
(ii) Randomise bottle test placement
on the longline, noting that, except for
trotlines, all tests should be applied
midway between weights. In the case of
trotlines TDRs should be placed on
droppers less than 1 m from the
attachment position of the uppermost
cluster of hooks (i.e., hooks most distant
from line weight);
(iii) Calculate an individual sink rate
for each bottle test at the time of the test,
where:
(a) The sink rate shall be measured as
the time taken for the longline to sink
from the surface (0 m) to 10 m;
(b) This sink rate shall be at a
minimum rate of 0.3 m/s;
(iv) If the minimum sink rate is not
achieved at all eight sample points (four
tests on two longlines), continue the
testing until such time as a total of eight
tests with a minimum sink rate of 0.3 m/
s are recorded;
(v) All equipment and fishing gear
used in the tests is to be to the same
specifications as that to be used in the
Convention Area.
B2. During fishing, for a vessel to be
allowed to maintain the exemption to
night-time setting requirements
(paragraph 5 of Conservation Measure
25–02), regular longline sink rate
monitoring shall be undertaken by the
CCAMLR scientific observer. The vessel
shall cooperate with the CCAMLR
observer who shall:
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7141
(i) Attempt to conduct a bottle test on
one longline set every twenty-four hour
period;
(ii) Every seven days conduct at least
four bottle tests on a single longline to
determine any sink rate variation along
the longline;
(iii) Randomise bottle test placement
on the longline, noting that all tests
should be applied halfway between
weights;
(iv) Calculate an individual longline
sink rate for each bottle test at the time
of the test;
(v) Measure the longline sink rate as
the time taken for the longline to sink
from the surface (0 m) to 10 m.
B3. The vessel shall:
(i) Ensure that all longlines are
weighted to achieve a minimum
longline sink rate of 0.3 m/s at all times
whilst operating under this exemption;
(ii) Report daily to its national agency
on the achievement of this target whilst
operating under this exemption;
(iii) Ensure that data collected from
longline sink rate tests and longline sink
rate monitoring during fishing are
recorded in the CCAMLR-approved
format 1 and submitted to the relevant
national agency and CCAMLR Data
Manager within two months of the
vessel departing a fishery to which this
measure applies.
B4. A bottle test is to be conducted as
described below.
Bottle Set Up
B5. 10 m of 2 mm multifilament nylon
snood twine, or equivalent, is securely
attached to the neck of a 500–1 000 ml
plastic bottle 2 with a longline clip
attached to the other end. The length
measurement is taken from the
attachment point (terminal end of the
clip) to the neck of the bottle, and
should be checked by the observer every
few days.
B6. Reflective tape should be wrapped
around the bottle to allow it to be
observed in low light conditions and at
night.
Test
B7. The bottle is emptied of water, the
stopper is left open and the twine is
wrapped around the body of the bottle
for setting. The bottle with the encircled
twine is attached to the longline,3
midway between weights (the
attachment point).
B8. The observer records the time at
which the attachment point enters the
water as t1 in seconds. The time at
which the bottle is observed to be
pulled completely under is recorded as
t2 in seconds.4 The result of the test is
calculated as follows:
Longline sink rate = 10 / (t2 ¥ t1).
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B9. The result should be equal to or
greater than 0.3 m/s. These data are to
be recorded in the space provided in the
electronic observer logbook.
Protocol C (for vessels monitoring
longline sink rate with either (TDR) or
bottle tests, and using internally
weighted longlines with integrated
weight of at least 50 g/m and designed
to sink instantly with a linear profile at
greater than 0.2 m/s with no external
weights attached):
C1. Prior to entry into force of the
licence for this fishery and once per
fishing season either prior to entering
the Convention Area or at the first
opportunity after entering the
Convention Area and before
commencing fishing, the vessel shall,
under observation by a scientific
observer:
(i) Set a minimum of two longlines,
unbaited if set in the Convention Area,
with either a minimum of four TDRs, or
a minimum of four bottle tests (see
paragraphs B5 to B9) on the middle onethird of each longline, where:
(a) For vessels using the auto longline
system, each longline shall be at least 6
000 m in length;
(b) For vessels using the Spanish
longline system, each longline shall be
at least 16 000 m in length;
(c) For vessels using the Spanish
longline system, with longlines less
than 16 000 m in length, each longline
shall be of the maximum length to be
used by the vessel in the Convention
Area;
(d) For vessels using a longline system
other than an autoline or Spanish
longline system, each longline shall be
of the maximum length to be used by
the vessel in the Convention Area;
(ii) Randomise TDR or bottle test
placement on the longline;
(iii) Calculate an individual sink rate
for each TDR when returned to the
vessel, or for each bottle test at the time
of the test, where:
(a) The sink rate shall be measured as
an average of the time taken for the
longline to sink from the surface (0 m)
to 15 m for TDRs and the time taken for
the longline to sink from the surface (0
m) to 10 m for bottle tests;
(b) This sink rate shall be at a
minimum rate of 0.2 m/s;
(iv) If the minimum sink rate is not
achieved at all eight sample points (four
tests on two longlines), continue the
testing until such time as a total of eight
tests with a minimum sink rate of 0.2 m/
s are recorded;
(v) All equipment and fishing gear
used in the tests is to be to the same
specifications as that to be used in the
Convention Area.
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C2. During fishing, for a vessel to be
allowed to maintain the exemption to
night-time setting requirements
(paragraph 5 of Conservation Measure
25–02), regular longline sink rate
monitoring shall be undertaken by the
CCAMLR scientific observer. The vessel
shall cooperate with the CCAMLR
observer who shall:
(i) Attempt to conduct a TDR or bottle
test on one longline set every twentyfour hour period;
(ii) Every seven days conduct at least
four TDR or bottle tests on a single
longline to determine any sink rate
variation along the longline;
(iii) Randomise TDR or bottle test
placement on the longline;
(iv) Calculate an individual longline
sink rate for each TDR when returned to
the vessel or each bottle test at the time
of the test;
(v) Measure the longline sink rate for
bottle tests as the time taken for the
longline to sink from the surface (0 m)
to 10 m, or for TDRs the average of the
time taken for the longline to sink from
the surface (0 m) to 15 m.
C3. The vessel shall:
(i) Ensure that all longlines are set so
as to achieve a minimum longline sink
rate of 0.2 m/s at all times whilst
operating under this exemption;
(ii) Report daily to its national agency
on the achievement of this target whilst
operating under this exemption;
(iii) Ensure that data collected from
longline sink rate tests and longline sink
rate monitoring during fishing are
recorded in the CCAMLR-approved
format 1 and submitted to the relevant
national agency and CCAMLR Data
Manager within two months of the
vessel departing a fishery to which this
measure applies.
1 Included in the scientific observer
electronic logbook.
2 A plastic water bottle that has a ‘stopper’
is needed. The stopper of the bottle is left
open so that the bottle will fill with water
after being pulled under water. This allows
the plastic bottle to be re-used rather than
being crushed by water pressure.
3 On autolines attach to the backbone; on
the Spanish longline system attach to the
hookline.
4 Binoculars will make this process easier
to view, especially in foul weather.
Conservation Measure 25–02 (2008) 1 2
Minimisation of the incidental mortality
of seabirds in the course of longline
fishing or longline fishing research in
the Convention Area.
(Species: seabirds; Area: all; Season: all;
Gear: longline)
The Commission,
Noting the need to reduce the
incidental mortality of seabirds during
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longline fishing by minimising their
attraction to fishing vessels and by
preventing them from attempting to
seize baited hooks, particularly during
the period when the lines are set,
Recognising that in certain subareas
and divisions of the Convention Area
there is also a high risk that seabirds
will be caught during line hauling,
Adopts the following measures to
reduce the possibility of incidental
mortality of seabirds during longline
fishing.
1. Fishing operations shall be
conducted in such a way that
hooklines 3 sink beyond the reach of
seabirds as soon as possible after they
are put in the water.
2. Vessels using autoline systems
should add weights to the hookline or
use integrated weight (IW) hooklines
while deploying longlines. IW longlines
of a minimum of 50 g/m or attachment
to non-IW longlines of 5 kg weights at
50 to 60 m intervals are recommended.
3. Vessels using the Spanish method
of longline fishing should release
weights before line tension occurs;
traditional weights 4 of at least 8.5 kg
mass shall be used, spaced at intervals
of no more than 40 m, or traditional
weights 4 of at least 6 kg mass shall be
used, spaced at intervals of no more
than 20 m, or solid steel weights 5 of at
least 5 kg mass shall be used, spaced at
intervals of no more than 40 m.
4. Vessels using the trotline system
exclusively (not a mix of trotlines and
the Spanish system within the same
longline) shall deploy weights only at
the distal end of the droppers in the
trotline. Weights shall be traditional
weights of at least 6 kg or solid steel
weights of at least 5 kg. Vessels
alternating between the use of the
Spanish system and trotline method
shall use: (i) For the Spanish system:
line weighting shall conform to the
provisions in paragraph 3; (ii) for the
trotline method: line weighting shall be
either 8.5 kg traditional weights or 5 kg
steel weights attached on the hook-end
of all droppers in the trotline at no more
than 80 m intervals. 6
5. Longlines shall be set at night only
(i.e. during the hours of darkness
between the times of nautical
twilight 7) 8. During longline fishing at
night, only the minimum ship’s lights
necessary for safety shall be used.
6. The dumping of offal is prohibited
while longlines are being set. The
dumping of offal during the haul shall
be avoided. Any such discharge shall
take place only on the opposite side of
the vessel to that where longlines are
hauled. For vessels or fisheries where
there is not a requirement to retain offal
on board the vessel, a system shall be
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1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
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3 Hookline is defined as the groundline or
mainline to which the baited hooks are
attached by snoods.
4 Traditional weights are those made from
rocks or concrete.
5 Solid steel weights shall not be made
from chain links. They should be made in a
hydrodynamic shape designed to sink
rapidly.
6 Recognising that Spanish system
longlines with weights at 40 m intervals are
typically configured with lines at 80 m
intervals that connect hauling and hook lines
(see diagram Annex 25–02/B). These
connecting lines form the dropper lines of
the trotline method.
7 The exact times of nautical twilight are
set forth in the Nautical Almanac tables for
the relevant latitude, local time and date. A
copy of the algorithm for calculating these
times is available from the CCAMLR
Secretariat. All times, whether for ship
operations or observer reporting, shall be
referenced to GMT.
8 Wherever possible, setting of lines should
be completed at least three hours before
sunrise (to reduce loss of bait to/catches of
white-chinned petrels).
9 The mitigation measures under test
should be constructed and operated taking
full account of the principles set out in WG–
FSA–03/22 (the published version of which
is available from the CCAMLR Secretariat
and Web site); testing should be carried out
independently of actual commercial fishing
and in a manner consistent with the spirit of
Conservation Measure 21–02.
Annex 25–02/A
1. The aerial extent of the streamer
line, which is the part of the line
supporting the streamers, is the effective
seabird deterrent component of a
streamer line. Vessels are encouraged to
optimise the aerial extent and ensure
that it protects the hookline as far astern
of the vessel as possible, even in
crosswinds.
2. The streamer line shall be attached
to the vessel such that it is suspended
from a point a minimum of 7 m above
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the water at the stern on the windward
side of the point where the hookline
enters the water.
3. The streamer line shall be a
minimum of 150 m in length and
include an object towed at the seaward
end to create tension to maximise aerial
coverage. The object towed should be
maintained directly behind the
attachment point to the vessel such that
in crosswinds the aerial extent of the
streamer line is over the hookline.
4. Branched streamers, each
comprising two strands of a minimum
of 3 mm diameter brightly coloured
plastic tubing 1 or cord, shall be
attached no more than 5 m apart
commencing 5 m from the point of
attachment of the streamer line to the
vessel and thereafter along the aerial
extent of the line. Streamer length shall
range between minimums of 6.5 m from
the stern to 1 m for the seaward end.
When a streamer line is fully deployed,
the branched streamers should reach the
sea surface in the absence of wind and
swell. Swivels or a similar device
should be placed in the streamer line in
such a way as to prevent streamers
being twisted around the streamer line.
Each branched streamer may also have
a swivel or other device at its
attachment point to the streamer line to
prevent fouling of individual streamers.
5. Vessels are encouraged to deploy a
second streamer line such that streamer
lines are towed from the point of
attachment each side of the hookline.
The leeward streamer line should be of
similar specifications (in order to avoid
entanglement the leeward streamer line
may need to be shorter) and deployed
from the leeward side of the hookline.
1 Plastic tubing should be of a type that is
manufactured to be protected from ultraviolet
radiation.
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implemented to remove fish hooks from
offal and fish heads prior to discharge.
7. Vessels which are so configured
that they lack on-board processing
facilities or adequate capacity to retain
offal on board, or the ability to discharge
offal on the opposite side of the vessel
to that where longlines are hauled, shall
not be authorised to fish in the
Convention Area.
8. A streamer line shall be deployed
during longline setting to deter birds
from approaching the hookline.
Specifications of the streamer line and
its method of deployment are given in
Annex 25–02/A.
9. A device designed to discourage
birds from accessing baits during the
haul of longlines shall be employed in
those areas defined by CCAMLR as
average-to-high or high (Level of Risk 4
or 5) in terms of risk of seabird by-catch.
These areas are currently Statistical
Subareas 48.3, 58.6 and 58.7 and
Statistical Divisions 58.5.1 and 58.5.2.
10. Every effort should be made to
ensure that birds captured alive during
longlining are released alive and that
wherever possible hooks are removed
without jeopardising the life of the bird
concerned.
11. Other variations in the design of
mitigation measures may be tested on
vessels carrying two observers, at least
one appointed in accordance with the
CCAMLR Scheme of International
Scientific Observation, providing that
all other elements of this conservation
measure are complied with.9 Full
proposals for any such testing must be
notified to the Working Group on Fish
Stock Assessment (WG–FSA) in
advance of the fishing season in which
the trials are proposed to be conducted.
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Conservation Measure 26–01 (2008) 1 2
General environmental protection
during fishing
(Species: All; Area: All; Season: All;
Gear: All)
The Commission,
Concerned that certain activities
associated with fishing may affect the
Antarctic marine environment and that
these activities have played a notable
role in CCAMLR’s efforts to minimise
incidental mortality of non-target
species such as seabirds and seals,
Noting that previous CCAMLR
recommendations, and the provisions of
the MARPOL 73/78 Convention and its
Annexes, prohibit the disposal of all
plastics at sea, in the CAMLR
Convention Area,
Noting various provisions of the
Protocol on Environmental Protection to
the Antarctic Treaty in particular its
Annexes as well as related
Recommendations and Measures of the
Antarctic Treaty Consultative Meetings,
Recollecting that for many years
advice from the Scientific Committee
has indicated that significant numbers
of Antarctic fur seals have been
entangled and killed in plastic
packaging bands in the Convention
Area,
Noting the recommendations of
CCAMLR and the provisions of the
MARPOL Convention and its Annexes
which prohibit the jettisoning of all
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plastics at sea and that entanglement of
fur seals is still continuing,
Recognising that the bait boxes used
on fishing vessels in particular and
other packages in general need not be
secured by plastic packaging bands
because suitable alternatives exist,
Adopts the following conservation
measure to minimise possible effects on
the marine environment arising from
fishing-related activities in the context
of mitigating incidental mortality of
non-target species and protecting the
marine environment in accordance with
Article IX of the Convention.
Disposal of Plastic Packaging Bands
1. The use on fishing vessels of plastic
packaging bands to secure bait boxes
shall be prohibited.
2. The use of other plastic packaging
bands for other purposes on fishing
vessels which do not use on-board
incinerators (closed systems) shall be
prohibited.
3. Any packaging bands, once
removed from packages, shall be cut
into approximately 30 cm sections, so
that they do not form a continuous loop
and at the earliest opportunity burned
in the on-board incinerator.
4. Any plastic residue shall be stored
on board the vessel until reaching port
and in no case discarded at sea.
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Prohibition of Discharge in HighLatitude Fisheries
5. Vessels fishing south of 60 ° S shall
be prohibited from dumping or
discharging:
(i) Oil or fuel products or oily
residues into the sea, except as
permitted under Annex I of MARPOL
73/78;
(ii) Garbage;
(iii) Food wastes not capable of
passing through a screen with openings
no greater than 25 mm;
(iv) Poultry or parts (including egg
shells);
(v) Sewage within 12 n miles of land
or ice shelves, or sewage while the ship
is travelling at a speed of less than 4
knots;
(vi) Offal; or
(vii) Incineration ash.
Translocation of Poultry
6. Live poultry or other living birds
shall not be brought into areas south of
60° S, and any dressed poultry not
consumed shall be removed from those
areas.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands
2 Except for waters adjacent to the Prince
Edward Islands.
Conservation Measure 32–09 (2008)
Prohibition of directed fishing for
Dissostichus spp. except in
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accordance with specific conservation
measures in the 2008/09 season
(Species: Toothfish; Area: 48.5; Season:
2008/09; Gear: All)
The Commission hereby adopts the
following conservation measure in
accordance with Article IX of the
Convention:
Directed fishing for Dissostichus spp.
in Statistical Subarea 48.5 is prohibited
from 1 December 2008 to 30 November
2009.
Conservation Measure 33–02 (2008)
Limitation of by-catch in Statistical
Division 58.5.2 in the 2008/09 season
(Species: By-catch; Area: 58.5.2; Season:
2008/09; Gear: All)
1. There shall be no directed fishing
for any species other than Dissostichus
eleginoides and Champsocephalus
gunnari in Statistical Division 58.5.2 in
the 2008/09 fishing season.
2. In directed fisheries in Statistical
Division 58.5.2 in the 2008/09 season,
the by-catch of Channichthys
rhinoceratus shall not exceed 150
tonnes, the by-catch of Lepidonotothen
squamifrons shall not exceed 80 tonnes,
the by-catch of Macrourus spp. shall not
exceed 360 tonnes and the by-catch of
skates and rays shall not exceed 120
tonnes. For the purposes of this
measure, ‘Macrourus spp.’ and ‘skates
and rays’ should each be counted as a
single species.
3. The by-catch of any fish species not
mentioned in paragraph 2, and for
which there is no other catch limit in
force, shall not exceed 50 tonnes in
Statistical Division 58.5.2.
4. If, in the course of a directed
fishery, the by-catch in any one haul of
Channichthys rhinoceratus,
Lepidonotothen squamifrons,
Macrourus spp., Somniosus spp. or
skates and rays is equal to, or greater
than 2 tonnes, then the fishing vessel
shall not fish using that method of
fishing at any point within 5 n miles 1
of the location where the by-catch
exceeded 2 tonnes for a period of at
least five days.2 The location where the
by-catch exceeded 2 tonnes is defined as
the path 3 followed by the fishing vessel.
5. If, in the course of a directed
fishery, the by-catch in any one haul of
any other by-catch species for which bycatch limitations apply under this
conservation measure is equal to, or
greater than 1 tonne, then the fishing
vessel shall not fish using that method
of fishing at any point within 5 n miles 1
of the location where the by-catch
exceeded 1 tonne for a period of at least
five days.2 The location where the bycatch exceeded 1 tonne is defined as the
path 3 followed by the fishing vessel.
1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
3 For a trawl the path is defined from the
point at which the fishing gear was first
deployed from the fishing vessel to the point
at which the fishing gear was retrieved by the
fishing vessel. For a longline or a pot, the
path is defined from the point at which the
first anchor of a set was deployed to the point
at which the last anchor of that set was
deployed.
Conservation Measure 33–03 (2008) 1 2
Limitation of by-catch in new and
exploratory fisheries in the 2008/09
season
(Species: By-catch; Area: Various;
Season: 2008/09; Gear: All)
1. This conservation measure applies
to new and exploratory fisheries in all
areas containing small-scale research
units (SSRUs) in the 2008/09 season,
except where specific by-catch limits
apply.
2. The catch limits for all by-catch
species are set out in Annex 33–03/A.
Within these catch limits, the total
catch 3 of by-catch species in any SSRU
or combination of SSRUs as defined in
relevant conservation measures shall
not exceed the following limits:
• Skates and rays 5% of the catch
limit of Dissostichus spp. or 50 tonnes
whichever is greater;
• Macrourus spp. 16% of the catch
limit for Dissostichus spp. or 20 tonnes,
whichever is greater;
• All other species combined 20
tonnes.
3. For the purposes of this measure
‘Macrourus spp.’ and ‘skates and rays’
should each be counted as a single
species.
4. Unless otherwise requested by
scientific observers, vessels, where
possible, should release skates and rays
alive from the line by cutting snoods,
and when practical, removing the
hooks.
5. If the by-catch of any one species
is equal to or greater than 1 tonne in any
one haul or set, then the fishing vessel
shall move to another location at least
5 n miles 4 distant. The fishing vessel
shall not return to any point within 5 n
miles of the location where the by-catch
exceeded 1 tonne for a period of at least
five days.5 The location where the bycatch exceeded 1 tonne is defined as the
path 6 followed by the fishing vessel.
6. If the catch of Macrourus spp. taken
by a single vessel in any two 10-day
periods 7 in a single SSRU exceeds 1 500
kg in each 10-day period and exceeds
16% of the catch of Dissostichus spp. by
that vessel in that SSRU in those
periods, the vessel shall cease fishing in
that SSRU for the remainder of the
season.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Total green weight caught, excluding
individuals released alive.
4 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
5 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
6 For a trawl the path is defined from the
point at which the fishing gear was first
deployed from the fishing vessel to the point
at which the fishing gear was retrieved by the
fishing vessel. For a longline the path is
defined from the point at which the first
anchor of a set was deployed to the point at
which the last anchor of that set was
deployed.
7 A 10-day period is defined as day 1 to day
10, day 11 to day 20, or day 21 to the last
day of the month.
Annex 33–03/A
TABLE 1—BY-CATCH CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN 2008/09
jlentini on PROD1PC65 with NOTICES2
By-catch catch limit
Dissostichus spp.
catch limit (tonnes
per region)
Subarea/
division
Region
48.6 .............
North of 60 ° S ...............................................
South of 60 ° S ..............................................
Whole division ................................................
58.4.1 ..........
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200
200
210
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Skates and rays
(tonnes per
region)
Macrourus spp.
(tonnes per
region)
50
50
50
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32
32
33
12FEN2
Other species
(tonnes per
SSRU)
20
20
20
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TABLE 1—BY-CATCH CATCH LIMITS FOR NEW AND EXPLORATORY FISHERIES IN 2008/09—Continued
By-catch catch limit
Dissostichus spp.
catch limit (tonnes
per region)
Subarea/
division
Region
58.4.2 ..........
58.4.3a ........
58.4.3b ........
88.1 .............
88.2 .............
Whole division ................................................
Whole division ................................................
North of 60 ° S ...............................................
Whole subarea ...............................................
South of 65 ° S ..............................................
Skates and rays
(tonnes per
region)
70
86
120
2700
567
Macrourus spp.
(tonnes per
region)
50
50
50
135
50
Other species
(tonnes per
SSRU)
20
26
80
430
90
20
20
20
20
20
Region: As defined in column 2 of this table.
Rules for catch limits for by-catch species:
Skates and rays: 5% of the catch limit for Dissostichus spp. or 50 tonnes, whichever is greatest (SC–CAMLR–XXI, paragraph 5.76).
Macrourus spp.: 16% of the catch limit for Dissostichus spp. or 20 tonnes whichever is greatest, except in Statistical Divisions 58.4.3a and
58.4.3b (SC–CAMLR–XXII, paragraph 4.207), and Statistical Subarea 88.1 (SC–CAMLR–XXVII, paragraph 4.162).
Other species: 20 tonnes per SSRU.
Conservation Measure 41–01 (2008) 1 2
jlentini on PROD1PC65 with NOTICES2
General measures for exploratory
fisheries for Dissostichus spp. in the
Convention Area in the 2008/09
season
(Species: toothfish; Area: various;
Season: 2008/09; Gear: longline,
trawl)
The Commission hereby adopts the
following conservation measure:
1. This conservation measure applies
to exploratory fisheries using the trawl
or longline methods except for such
fisheries where the Commission has
given specific exemptions to the extent
of those exemptions. In trawl fisheries,
a haul comprises a single deployment of
the trawl net. In longline fisheries, a
haul comprises the setting of one or
more lines in a single location.
2. Fishing should take place over as
large a geographical and bathymetric
range as possible to obtain the
information necessary to determine
fishery potential and to avoid overconcentration of catch and effort. To
this end, fishing in any small-scale
research unit (SSRU) shall cease when
the reported catch reaches the specified
catch limit 3 and that SSRU shall be
closed to fishing for the remainder of
the season.
3. In order to give effect to paragraph
2 above:
(i) The precise geographic position of
a haul in trawl fisheries will be
determined by the midpoint of the path
between the start point and end point of
the haul for the purposes of catch and
effort reporting;
(ii) The precise geographic position of
a haul/set in longline fisheries will be
determined by the centre point of the
line or lines deployed for the purposes
of catch and effort reporting;
(iii) The vessel will be deemed to be
fishing in any SSRU from the beginning
of the setting process until the
completion of the hauling of all lines;
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(iv) Catch and effort information for
each species by SSRU shall be reported
to the Executive Secretary every five
days using the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(v) The Secretariat shall notify
Contracting Parties participating in
these fisheries when the total catch for
Dissostichus eleginoides and
Dissostichus mawsoni combined in any
SSRU is likely to reach the specified
catch limit, and of the closure of that
SSRU when that limit is reached.4 No
part of a trawl path may lie within a
closed SSRU and no part of a longline
may be set within a closed SSRU.
4. The by-catch in each exploratory
fishery shall be regulated as in
Conservation Measure 33–03.
5. The total number and weight of
Dissostichus eleginoides and
Dissostichus mawsoni discarded,
including those with the ‘jellymeat’
condition, shall be reported.
6. Each vessel participating in the
exploratory fisheries for Dissostichus
spp. during the 2008/09 season shall
have one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing season.
7. The Data Collection Plan (Annex
41–01/A), Research Plan (Annex 41–01/
B) and Tagging Program (Annex 41–01/
C) shall be implemented. Data collected
pursuant to the Data Collection and
Research Plans for the period up to 31
August 2009 shall be reported to
CCAMLR by 30 September 2009 so that
the data will be available to the meeting
of the Working Group on Fish Stock
Assessment (WG–FSA) in 2009. Such
data taken after 31 August 2009 shall be
reported to CCAMLR not later than
three months after the closure of the
fishery, but, where possible, submitted
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in time for the consideration of WG–
FSA.
8. Members who choose not to
participate in the fishery prior to the
commencement of the fishery shall
inform the Secretariat of changes in
their plans no later than one month
before the start of the fishery. If, for
whatever reason, Members are unable to
participate in the fishery, they shall
inform the Secretariat no later than one
week after finding that they cannot
participate. The Secretariat will inform
all Contracting Parties immediately after
such notification is received.
1 Except for waters adjacent to the
Kerguelen and Crozet Islands.
2 Except for waters adjacent to the Prince
Edward Islands.
3 Unless otherwise specified, the catch
limit for Dissostichus spp. shall be 100
tonnes in any SSRU except in respect of
Statistical Subarea 88.2.
4 The closure of fisheries is governed by
Conservation Measure 31–02.
Annex 41–01/A
Data Collection Plan for Exploratory
Fisheries
1. All vessels will comply with the
Five-day Catch and Effort Reporting
System (Conservation Measure 23–01)
and Monthly Fine-scale Catch, Effort
and Biological Data Reporting Systems
(Conservation Measures 23–04 and 23–
05).
2. All data required by the CCAMLR
Scientific Observers Manual for finfish
fisheries will be collected. These
include:
(i) Position, date and depth at the start
and end of every haul;
(ii) Haul-by-haul catch and catch per
effort by species;
(iii) Haul-by-haul length frequency of
common species;
(iv) Sex and gonad state of common
species;
(v) Diet and stomach fullness;
(vi) Scales and/or otoliths for age
determination;
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(vii) Number and mass by species of
by-catch of fish and other organisms;
(viii) Observation on occurrence and
incidental mortality of seabirds and
mammals in relation to fishing
operations.
3. Data specific to longline fisheries
will be collected. These include:
(i) Position and sea depth at each end
of every line in a haul;
(ii) Setting, soak and hauling times;
(iii) Number and species of fish lost
at surface;
(iv) Number of hooks set;
(v) Bait type;
(vi) Baiting success (%);
(vii) Hook type.
Annex 41–01/B
Research Plan for Exploratory Fisheries
1. Activities under this Research Plan
shall not be exempted from any
conservation measure in force.
2. This plan applies to all small-scale
research units (SSRUs) as defined in
Table 1 and Figure 1.
3. Except when fishing in Statistical
Subareas 88.1 and 88.2 (see paragraph
5), any vessel undertaking prospecting
or commercial fishing in any SSRU
must undertake the following research
activities:
(i) On first entry into an SSRU, the
first 10 hauls, whether by trawl or
longline, shall be designated ‘research
hauls’ and must satisfy the criteria set
out in paragraph 4. Research hauls shall
be carried out on, or close to, positions
provided by the CCAMLR Secretariat,1
based on a stratified random design in
prescribed areas within that SSRU.
(ii) On completion of 10 research
hauls the vessel may continue to fish
within the SSRU.
4. To be designated as a research haul:
(i) Each research haul must be
separated by not less than 5 n miles
from any other research haul, distance
to be measured from the geographical
midpoint of each research haul;
(ii) Each haul shall comprise: for
longlines, at least 3 500 hooks and no
more than 5 000 hooks; this may
comprise a number of separate lines set
in the same location; for trawls, at least
30 minutes effective fishing time as
defined in the Draft Manual for Bottom
Trawl Surveys in the Convention Area
(SC–CAMLR–XI, Annex 5, Appendix H,
Attachment E, paragraph 4);
(iii) Each haul of a longline shall have
a soak time of not less than six hours,
measured from the time of completion
7147
of the setting process to the beginning
of the hauling process.
5. In the exploratory fisheries in
Statistical Subareas 88.1 and 88.2, all
data specified in the Data Collection
Plan (Annex 41–01/A) of this
conservation measure shall be collected
for every haul; all fish of each
Dissostichus species in a haul (up to a
maximum of 35 fish) are to be measured
and randomly sampled for biological
studies (paragraphs 2(iv) to (vi) of
Annex 41–01/A).
6. In all other exploratory fisheries, all
data specified in the Data Collection
Plan (Annex 41–01/A) of this
conservation measure shall be collected
for every research haul; in particular, all
fish in a research haul up to 100 fish are
to be measured and at least 30 fish
sampled for biological studies
(paragraphs 2(iv) to (vi) of Annex 41–
01/A). Where more than 100 fish are
caught, a method for randomly
subsampling the fish should be applied.
1 The Secretariat will generate a list of
random stations for each vessel participating
in exploratory fisheries. These lists will be
provided to notifying Members prior to the
start of the fishing season (SC–CAMLR–
XXVII, paragraphs 4.113 and 4.114).
TABLE 1—DESCRIPTION OF SMALL-SCALE RESEARCH UNITS (SSRUS)
[See also Figure 1]
Region
SSRU
Boundary line
48.6 ..........
A
B
C
D
From 50° S 20° W, due east to 1° 30′E, due south to 60° S, due west to 20° W, due north to 50° S.
From 60° S 20° W, due east to 10° W, due south to coast, westward along coast to 20° W, due north to 60° S.
From 60° S 10° W, due east to 0° longitude, due south to coast, westward along coast to 10° W, due north to 60° S.
From 60° S 0° longitude, due east to 10° E, due south to coast, westward along coast to 0° longitude, due north to 60°
S.
From 60° S 10° E, due east to 20° E, due south to coast, westward along coast to 10° E, due north to 60° S.
From 60° S 20° E, due east to 30° E, due south to coast, westward along coast to 20° E, due north to 60° S.
From 50° S 1° 30′E, due east to 30° E, due south to 60° S, due west to 1° 30′E, due north to 50° S.
From 55° S 86° E, due east to 150° E, due south to 60° S, due west to 86° E, due north to 55° S.
From 60° S 86° E, due east to 90° E, due south to coast, westward along coast to 80° E, due north to 64° S, due east to
86° E, due north to 60° S.
From 60° S 90° E, due east to 100° E, due south to coast, westward along coast to 90° E, due north to 60° S.
From 60° S 100° E, due east to 110° E, due south to coast, westward along coast to 100° E, due north to 60° S.
From 60° S 110° E, due east to 120° E, due south to coast, westward along coast to 110° E, due north to 60° S.
From 60° S 120° E, due east to 130° E, due south to coast, westward along coast to 120° E, due north to 60° S.
From 60° S 130° E, due east to 140° E, due south to coast, westward along coast to 130° E, due north to 60° S.
From 60° S 140° E, due east to 150° E, due south to coast, westward along coast to 140° E, due north to 60° S.
From 62° S 30° E, due east to 40° E, due south to coast, westward along coast to 30° E, due north to 62° S.
From 62° S 40° E, due east to 50° E, due south to coast, westward along coast to 40° E, due north to 62° S.
From 62° S 50° E, due east to 60° E, due south to coast, westward along coast to 50° E, due north to 62° S.
From 62° S 60° E, due east to 70° E, due south to coast, westward along coast to 60° E, due north to 62° S.
From 62° S 70° E, due east to 73° 10′E, due south to 64° S, due east to 80° E, due south to coast, westward along
coast to 70° E, due north to 62° S.
Whole division, from 56° S 60° E, due east to 73° 10′E, due south to 62° S, due west to 60° E, due north to 56° S.
From 56° S 73° 10′E, due east to 79° E, south to 59° S, due west to 73° 10′E, due north to 56° S.
From 60° S 73° 10′E, due east to 86° E, south to 64° S, due west to 73° 10′E, due north to 60° S.
From 59° S 73° 10′E, due east to 79° E, south to 60° S, due west to 73° 10′E, due north to 59° S.
From 59° S 79° E, due east to 86° E, south to 60° S, due west to 79° E, due north to 59° S.
From 56° S 79° E, due east to 80° E, due north to 55° S, due east to 86° E, south to 59° S, due west to 79° E, due
north to 56° S.
From 51° S 40° E, due east to 42° E, due south to 54° S, due west to 40° E, due north to 51° S.
From 51° S 42° E, due east to 46° E, due south to 54° S, due west to 42° E, due north to 51° S.
From 51° S 46° E, due east to 50° E, due south to 54° S, due west to 46° E, due north to 51° S.
Whole division excluding SSRUs A, B, C, and with outer boundary from 50° S 30° E, due east to 60° E, due south to 62°
S, due west to 30° E, due north to 50° S.
58.4.1 .......
58.4.2 .......
E
F
G
A
B
C
D
E
F
G
H
A
B
C
D
E
jlentini on PROD1PC65 with NOTICES2
58.4.3a .....
58.4.3b .....
A
A
B
C
D
E
58.4.4 .......
A
B
C
D
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Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices
TABLE 1—DESCRIPTION OF SMALL-SCALE RESEARCH UNITS (SSRUS)—Continued
[See also Figure 1]
Region
SSRU
Boundary line
58.6 ..........
A
B
C
D
A
A
B
C
From 45° S 40° E, due east to 44° E, due south to 48° S, due west to 40° E, due north to 45° S.
From 45° S 44° E, due east to 48° E, due south to 48° S, due west to 44° E, due north to 45° S.
From 45° S 48° E, due east to 51° E, due south to 48° S, due west to 48° E, due north to 45° S.
From 45° S 51° E, due east to 54° E, due south to 48° S, due west to 51° E, due north to 45° S.
From 45° S 37° E, due east to 40° E, due south to 48° S, due west to 37° E, due north to 45° S.
From 60° S 150° E, due east to 170° E, due south to 65° S, due west to 150° E, due north to 60° S.
From 60° S 170° E, due east to 179° E, due south to 66° 40′S, due west to 170° E, due north to 60° S.
From 60° S 179° E, due east to 170° W, due south to 70° S, due west to 178° W, due north to 66° 40′S, due west to
179° E, due north to 60° S.
From 65° S 150° E, due east to 160° E, due south to coast, westward along coast to 150° E, due north to 65° S.
From 65° S 160° E, due east to 170° E, due south to 68° 30′S, due west to 160° E, due north to 65° S.
From 68° 30′S 160° E, due east to 170° E, due south to coast, westward along coast to 160° E, due north to 68° 30′S.
From 66° 40′S 170° E, due east to 178° W, due south to 70° S, due west to 178° 50′E, due south to 70° 50′S, due west
to 170° E, due north to 66° 40′S.
From 70° 50′S 170° E, due east to 178° 50′E, due south to 73° S, due west to coast, northward along coast to 170° E,
due north to 70° 50′S.
From 70° S 178° 50′E, due east to 170° W, due south to 73° S, due west to 178° 50′E, due north to 70° S.
From 73° S at coast near 170° 30′E, due east to 178° 50′E, due south to 80° S, due west to 170° E, northward along
coast to 73° S.
From 73° S 178° 50′E, due east to 170° W, due south to 76° S, due west to 178° 50′E, due north to 73° S.
From 76° S 178° 50′E, due east to 170° W, due south to 80° S, due west to 178° 50′E, due north to 76° S.
From 73° S at coast near 169° 30′E, due east to 170° E, due south to 80° S, due west to coast, northward along coast
to 73° S.
From 60° S 170° W, due east to 160° W, due south to coast, westward along coast to 170° W, due north to 60° S.
From 60° S 160° W, due east to 150° W, due south to coast, westward along coast to 160° W, due north to 60° S.
From 60° S 150° W, due east to 140° W, due south to coast, westward along coast to 150° W, due north to 60° S.
From 60° S 140° W, due east to 130° W, due south to coast, westward along coast to 140° W, due north to 60° S.
From 60° S 130° W, due east to 120° W, due south to coast, westward along coast to 130° W, due north to 60° S.
From 60° S 120° W, due east to 110° W, due south to coast, westward along coast to 120° W, due north to 60° S.
From 60° S 110° W, due east to 105° W, due south to coast, westward along coast to 110° W, due north to 60° S.
From 60° S 105° W, due east to 95° W, due south to coast, westward along coast to 105° W, due north to 60° S.
From 60° S 95° W, due east to 85° W, due south to coast, westward along coast to 95° W, due north to 60° S.
From 60° S 85° W, due east to 75° W, due south to coast, westward along coast to 85° W, due north to 60° S.
From 60° S 75° W, due east to 70° W, due south to coast, westward along coast to 75° W, due north to 60° S.
58.7 ..........
88.1 ..........
D
E
F
G
H
I
J
K
L
M
88.2 ..........
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88.3 ..........
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B
C
D
E
F
G
A
B
C
D
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Tagging Program for Dissostichus spp.
and Skates in Exploratory Fisheries
1. The responsibility for ensuring
tagging, tag recovery and correct
reporting shall lie with the Flag State of
the fishing vessel. The fishing vessel
shall cooperate with the CCAMLR
scientific observer in undertaking the
tagging program.
2. This program shall apply in each
exploratory longline fishery, and any
vessel that participates in more than one
exploratory fishery shall apply the
following in each exploratory fishery in
which that vessel fishes:
(i) Each longline vessel shall tag and
release Dissostichus spp., continuously
while fishing, at a rate specified in the
conservation measure for that fishery
according to the CCAMLR Tagging
Protocol 1.
(ii) The program shall target toothfish
of all sizes in order to meet the tagging
requirement, only toothfish that are in
good condition shall be tagged and the
availability of these fish shall be
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17:20 Feb 11, 2009
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reported by the observer. All released
toothfish must be double-tagged and
releases should cover as broad a
geographical area as possible. In regions
where both species occur, the tagging
rate shall to the extent practicable be in
proportion to the species and sizes of
Dissostichus spp. present in the catches.
(iii) During the 2008/09 season (Yearof-the-Skate), each longline vessel shall
tag and release skates, continuously
while fishing, at a rate specified in the
conservation measure for that fishery
according to the CCAMLR Tagging
Protocol. All tagged skates must be
double-tagged and released alive.
(iv) All toothfish and skate tags for
use in exploratory fisheries shall be
sourced from the Secretariat.
(v) Recaptured tagged fish (i.e. fish
caught that have a previously inserted
tag) shall not be re-released, even if at
liberty for only a short period.
(vi) All recaptured tagged fish should
be biologically sampled (length, weight,
sex, gonad stage), an electronic timestamped photograph taken of the fish
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and tag, the otoliths recovered and the
tag removed.
3. Toothfish that are tagged and
released shall not be counted against the
catch limits.
4. All relevant tag data and any data
recording tag recaptures shall be
reported electronically in the CCAMLR
format 1 to the Executive Secretary (i) by
the vessel every month along with its
monthly fine-scale catch and effort (C2)
data, and (ii) by the observer as part of
the data reporting requirements for
observer data 1.
5. All relevant tag data, any data
recording tag recaptures, and specimens
(tags and otoliths) from recaptures shall
also be reported electronically in the
CCAMLR format 1 to the relevant
regional tag data repository as detailed
in the CCAMLR Tagging Protocol
(available at https://www.ccamlr.org/pu/
e/sc/tag/intro.htm).
1 In accordance with the CCAMLR Tagging
Protocol for exploratory fisheries which is
available from the Secretariat and included
in the scientific observer logbook forms.
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Conservation Measure 41–02 (2008)
Limits on the fishery for Dissostichus
eleginoides in Statistical Subarea 48.3
in the 2007/08 and 2008/09 seasons
(Species: toothfish; Area: 48.3; Season:
2007/08 and 2008/09; Gear: longline,
pot)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
31–01:
Access 1. The fishery for
Dissostichus eleginoides in Statistical
Subarea 48.3 shall be conducted by
vessels using longlines and pots only.
2. For the purpose of this fishery, the
area open to the fishery is defined as
that portion of Statistical Subarea 48.3
that lies within the area bounded by
latitudes 52°30′ S and 56°0′ S and by
longitudes 33°30′ W and 48°0′ W.
3. A map illustrating the area defined
by paragraph 2 is appended to this
conservation measure (Annex 41–02/A).
The portion of Statistical Subarea 48.3
outside that defined above shall be
closed to directed fishing for
Dissostichus eleginoides in the 2007/08
and 2008/09 seasons.
Catch limit 4. The total catch of
Dissostichus eleginoides in Statistical
Subarea 48.3 in the 2007/08 and 2008/
09 seasons shall be limited to 3 920
tonnes in each season. The catch limit
shall be further subdivided between the
Management Areas shown in Annex 41–
02/A as follows:
Management Area A: 0 tonnes
Management Area B: 1 176 tonnes in
each season
Management Area C: 2 744 tonnes in
each season.
Season 5. For the purpose of the
longline fishery for Dissostichus
eleginoides in Statistical Subarea 48.3,
the 2007/08 and 2008/09 seasons are
defined as the period from 1 May to 31
August in each season, or until the catch
limit is reached, whichever is sooner.
For the purpose of the pot fishery for
Dissostichus eleginoides in Statistical
Subarea 48.3, the 2007/08 and 2008/09
seasons are defined as the period from
1 December to 30 November, or until the
catch limit is reached, whichever is
sooner. The season for longline fishing
operations may be extended to 14
September in each season for any vessel
which has demonstrated full
compliance with Conservation Measure
25–02 in the previous season. This
extension to the season shall also be
subject to a catch limit of three (3)
seabirds per vessel. If three seabirds are
caught during the season extension,
fishing shall cease immediately for that
vessel.
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By-catch 6. The by-catch of crab in
any pot fishery undertaken shall be
counted against the catch limit in the
crab fishery in Statistical Subarea 48.3.
7. The by-catch of finfish in the
fishery for Dissostichus eleginoides in
Statistical Subarea 48.3 in the 2007/08
and 2008/09 seasons shall not exceed
196 tonnes for skates and rays and 196
tonnes for Macrourus spp. in each
season. For the purpose of these bycatch limits, ‘Macrourus spp.’ and
‘skates and rays’ shall each be counted
as a single species.
8. If the by-catch of any one species
is equal to or greater than 1 tonne in any
one haul or set, then the fishing vessel
shall move to another location at least
5 n miles 1 distant. The fishing vessel
shall not return to any point within 5 n
miles of the location where the by-catch
exceeded 1 tonne for a period of at least
five days 2. The location where the bycatch exceeded 1 tonne is defined as the
path 3 followed by the fishing vessel.
Mitigation 9. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–02 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
Observers 10. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: catch/effort 11. For the
purpose of implementing this
conservation measure, the following
shall apply:
(i) the Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
12. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus eleginoides and
by-catch species are defined as any
species other than Dissostichus
eleginoides.
13. The total number and weight of
Dissostichus eleginoides discarded,
including those with the ‘jellymeat’
condition, shall be reported. These fish
will count towards the total allowable
catch.
Data: biological 14. Fine-scale
biological data, as required under
Conservation Measure 23–05, shall be
collected and recorded. Such data shall
be reported in accordance with the
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CCAMLR Scheme of International
Scientific Observation.
Research fishing 15. Catches of
Dissostichus eleginoides taken under the
provisions of Conservation Measure 24–
01 in the area of the fishery defined in
this conservation measure shall be
considered as part of the catch limit.
Environ-mental protection 16.
Conservation Measure 26–01 applies.
1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
3 For a longline or a pot, the path is defined
from the point at which the first anchor of
a set was deployed to the point at which the
last anchor of that set was deployed.
[Annex 41–02/a is unchanged]
Conservation Measure 41–03 (2008)
Limits on the fishery for Dissostichus
spp. in Statistical Subarea 48.4 in the
2008/09 fishing season
(Species: toothfish; Area: 48.4; Season:
2008/09; Gear: longline)
Access 1. Directed fishing shall be
by longlines only. The use of all other
methods of directed fishing for
Dissostichus spp. in Statistical Subarea
48.4 shall be prohibited.
2. For the purpose of this fishery, the
areas open to fishing are defined as that
portion of Statistical Subarea 48.4 that
lies within the area bounded by
latitudes 55°30′ S and 57°20′ S and by
longitudes 25°30′ W and 29°30′ W
(Northern Area), and that portion of
Statistical Subarea 48.4 that lies within
the area bounded by latitudes 57°20′ S
and 60°00′ S and by longitudes 24°30′
W and 29°00′ W (Southern Area).
3. A map illustrating the areas defined
by paragraph 2 is appended to this
conservation measure (Annex 41–03/A).
The portion of Statistical Subarea 48.4
outside that defined above shall be
closed to directed fishing for
Dissostichus spp. in the 2008/09 season.
Catch limit 4. In the Northern Area
of Statistical Subarea 48.4, the total
catch of Dissostichus eleginoides shall
be limited to 75 tonnes, and the taking
of Dissostichus mawsoni, other than for
scientific research purposes, is
prohibited.
5. In the Southern Area of Statistical
Subarea 48.4, the total catch of
Dissostichus spp. shall be limited to 75
tonnes.
Season 6. For the purposes of the
fishery for Dissostichus spp. in
Statistical Subarea 48.4, the fishing
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season shall be 1 December 2008 to 30
November 2009, or until the total catch
limit for Dissostichus spp. in Statistical
Subarea 48.4 is reached, whichever is
sooner.
By-catch 7. In the Northern Area of
Statistical Subarea 48.4, the by-catch of
finfish shall not exceed 4 tonnes for
skates and rays and 12 tonnes for
Macrourus spp.
8. In the Southern Area of Statistical
Subarea 48.4, the by-catch of finfish
shall trigger a move-on rule if the catch
of skates and rays exceeds 5% of the
catch of Dissostichus spp. in any one
haul or set, or if the catch of Macrourus
spp. exceeds 16% of the catch of
Dissostichus spp. in any one haul or set.
If the move-on rule is triggered, then the
fishing vessel shall move to another
location at least 5 n miles1 distant. The
fishing vessel shall not return to any
point within 5 n miles of the location
where the move-on rule was triggered
for a period of at least five days2. The
location where the move-on rule was
triggered is defined as the path3
followed by the fishing vessel.
9. For the purpose of these by-catch
limits, ‘Macrourus spp.’ and ‘skates and
rays’ shall each be counted as a single
species.
10. Dissostichus mawsoni caught in
the Northern Area of Statistical Subarea
48.4 shall, if in good condition, be
tagged and released; or if dead, may be
retained.
Mitigation 11. Fishing in Statistical
Subarea 48.4 shall be carried out in
accordance with the provisions of
Conservation Measure 25–02. When
fishing is carried out in accordance with
the provisions of Conservation Measure
24–02, vessels may, subject to paragraph
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13 below, fish during daylight hours in
an exemption to paragraph 5 (night
setting) of Conservation Measure 25–02.
12. Fishing in Statistical Subarea 48.4
in December, January, February, March,
October and November shall, in
addition to paragraph 11 above, be
carried out in accordance with the
provisions of Conservation Measure 24–
02.
13. Any vessel fishing under the
exemption from night setting provided
in paragraph 11 above and catching a
total of three (3) seabirds shall
immediately revert to night setting in
accordance with Conservation Measure
25–02.
Observers 14. Each vessel
participating in the fishery for
Dissostichus spp. in Statistical Subarea
48.4 shall have at least one scientific
observer appointed in accordance with
the CCAMLR Scheme of International
Scientific Observation, on board
throughout all fishing activities within
the fishing period.
Data: atch/effort 15. For the purpose
of implementing this conservation
measure, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Data Reporting System set out in
Conservation Measure 23–04. Data shall
be reported on a haul-by-haul basis. For
the purposes of Conservation Measure
23–04, the target species is Dissostichus
spp., and ‘by-catch species’ are defined
as any species other than Dissostichus
spp.
Data: Biological 16. Fine-scale
biological data, as required under
Conservation Measure 23–05 shall be
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7151
collected and recorded. Such data shall
be reported in accordance with the
Scheme of International Scientific
Observation.
Tagging program 17. Each vessel
taking part in the fishery for
Dissostichus spp. in Statistical Subarea
48.4 shall undertake a tagging program
in accordance with the CCAMLR
Tagging Protocol. The following
additional provisions shall apply:
(i) Fish should be tagged at an average
rate of five fish per tonne of green
weight catch throughout the season;
(ii) Fish should be tagged that have
been caught across as broad a range of
depths within the designated area as
practicable;
(iii) Fish of a range of total lengths
should be tagged.
Environmental protection 18.
Conservation Measure 26–01 applies.
1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
3 For a longline or a pot, the path is defined
from the point at which the first anchor of
a set was deployed to the point at which the
last anchor of that set was deployed.
Annex 41–03/A
Statistical Subarea 48.4—Northern
Area and Southern Area of the fishery
in the 2008/09 season according to
paragraph 2. Latitudes and longitudes
are given in degrees, and the 1,000 m
contour is shown.
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Conservation Measure 41–04 (2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 48.6 in the 2008/09 season
(Species: toothfish; Area: 48.6; Season:
2008/09; Gear: longline)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. in Statistical Subarea 48.6 shall be
limited to the exploratory longline
fishery by Japan and the Republic of
Korea. The fishery shall be conducted
by Japanese and Korean flagged vessels
using longlines only. No more than one
vessel per country shall fish at any one
time.
2. Fishing is prohibited in depths
shallower than 550 m in order to protect
benthic communities.
Catch limit 3. The total catch of
Dissostichus spp. in Statistical Subarea
48.6 in the 2008/09 season shall not
exceed a precautionary catch limit of
200 tonnes north of 60° S and 200
tonnes south of 60° S.
Season 4. For the purpose of the
exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
48.6, the 2008/09 season is defined as
the period from 1 December 2008 to 30
November 2009.
By-catch 5. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 6. The exploratory
longline fishery for Dissostichus spp. in
Statistical Subarea 48.6 shall be carried
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out in accordance with the provisions of
Conservation Measure 25–02, except
paragraph 5 (night setting), which shall
not apply as long as the requirements of
Conservation Measure 24–02 are met.1
7. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 8. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
Data: Catch/effort
9. For the purpose of implementing
this conservation measure in the 2008/
09 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
10. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
11. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
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accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 12. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
13. Toothfish shall be tagged at a rate
of at least three fish per tonne green
weight caught.
14. Skates shall be tagged at a rate of
at least one skate per five skates caught,
up to a maximum of 500 skates per
vessel.
Environmental protection 15.
Conservation Measure 26–01 applies.
16. There shall be no offal discharge
in this fishery.
17. Conservation Measures 22–06 and
22–07 apply.
1 The Japanese-flagged vessel Shinsei Maru
No. 3 is exempted from the requirement to
conduct longline sink rate tests outside the
Convention Area when fishing at the end of
the 2007/08 season and into the 2008/09
season, provided that the vessel conducted
regular longline sink rate testing in 2007/08.
Conservation Measure 41–05 (2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Division 58.4.2 in the 2008/09 season
(Species: toothfish; Area: 58.4.2; Season:
2008/09; Gear: longline)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–02, and notes that this measure
would be for one year and that data
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arising from these activities would be
reviewed by the Scientific Committee:
Access 1. Fishing for Dissostichus
spp. in Statistical Division 58.4.2 shall
be limited to the exploratory longline
fishery by Japan, Republic of Korea,
Spain and Uruguay. The fishery shall be
conducted by one (1) Japanese, four (4)
Korean, one (1) Spanish and one (1)
Uruguayan flagged vessels using
longlines only.
2. Fishing is prohibited in depths
shallower than 550 m in order to protect
benthic communities.
Catch limit 3. The total catch of
Dissostichus spp. in Statistical Division
58.4.2, in the 2008/09 season shall not
exceed a precautionary catch limit of 70
tonnes applied as follows:
SSRU A—30 tonnes
SSRU B—0 tonnes
SSRU C—0 tonnes
SSRU D—0 tonnes
SSRU E—40 tonnes.
Season 4. For the purpose of the
exploratory longline fishery for
Dissostichus spp. in Statistical Division
58.4.2, the 2008/09 season is defined as
the period from 1 December 2008 to 30
November 2009.
Fishing operations 5. The
exploratory longline fishery for
Dissostichus spp. in Statistical Division
58.4.2 shall be carried out in accordance
with the provisions of Conservation
Measure 41–01, except paragraph 6.
By-catch 6. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 7. The exploratory
longline fishery for Dissostichus spp. in
Statistical Division 58.4.2 shall be
carried out in accordance with the
provisions of Conservation Measure 25–
02, except paragraph 5 (night setting)
shall not apply, providing that vessels
comply with Conservation Measure 24–
02.
8. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 9. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
Research 10. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
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11. Toothfish shall be tagged at a rate
of at least three fish per tonne green
weight caught.
12. Skates shall be tagged at a rate of
at least one skate per five skates caught,
up to a maximum of 500 skates per
vessel.
Data: Catch/Effort
13. For the purpose of implementing
this conservation measure in the 2008/
09 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
14. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
15. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental protection 16.
Conservation Measure 26–01 applies.
17. Conservation Measures 22–06 and
22–07 apply.
Conservation Measure 41–06 (2008)
Limits on the exploratory fishery for
Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction in the
2008/09 season
(Species: toothfish; Area: 58.4.3a;
Season: 2008/09; Gear: longline)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. on Elan Bank (Statistical Division
58.4.3a) outside areas of national
jurisdiction shall be limited to the
exploratory fishery by Japan. The
fishery shall be conducted by one (1)
Japanese flagged vessel using longlines
only.
2. Fishing is prohibited in depths
shallower than 550 m in order to protect
benthic communities.
Catch limit 3. The total catch of
Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction in the
2008/09 season shall not exceed a
precautionary catch limit of 86 tonnes.
Season 4. For the purpose of the
exploratory longline fishery for
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7153
Dissostichus spp. on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction, the 2008/
09 season is defined as the period from
1 May to 31 August 2009, or until the
catch limit is reached, whichever is
sooner.
By-catch 5. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 6. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–02 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
7. The fishery on Elan Bank
(Statistical Division 58.4.3a) outside
areas of national jurisdiction, may take
place outside the prescribed season
(paragraph 4) provided that, prior to
entry into force of the licence, each
vessel shall demonstrate its capacity to
comply with longline weighting as
approved by the Scientific Committee
and described in Conservation Measure
24–02 and such data shall be reported
to the Secretariat immediately.
8. Should a total of three (3) seabirds
be caught by a vessel outside the normal
season (defined in paragraph 4), the
vessel shall cease fishing immediately
and shall not be permitted to fish
outside the normal fishing season for
the remainder of the 2008/09 fishing
season.
Observers 9. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: Catch/Effort
10. For the purpose of implementing
this conservation measure in the 2008/
09 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
11. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
12. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
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accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 13. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C, respectively.
14. Toothfish shall be tagged at a rate
of at least three fish per tonne green
weight caught.
15. Skates shall be tagged at a rate of
at least one skate per five skates caught,
up to a maximum of 500 skates per
vessel.
Environmental protection 16.
Conservation Measure 26–01 applies.
17. Conservation Measures 22–06 and
22–07 apply.
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Conservation Measure 41–07 (2008)
Limits on the exploratory fishery for
Dissostichus spp. on BANZARE Bank
(Statistical Division 58.4.3b) outside
areas of national jurisdiction in the
2008/09 season
(Species: toothfish; Area: 58.4.3b;
Season: 2008/09; Gear: longline)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. on BANZARE Bank (Statistical
Division 58.4.3b) outside areas of
national jurisdiction shall be limited to
the exploratory fishery by Japan, Spain
and Uruguay. The fishery shall be
conducted by Japanese, Spanish and
Uruguayan flagged vessels using
longlines only. No more than one vessel
per country shall fish at any one time.
2. Fishing is prohibited in depths
shallower than 550 m in order to protect
benthic communities.
Catch limit 3. The total catch of
Dissostichus spp. on BANZARE Bank
(Statistical Division 58.4.3b) outside
areas of national jurisdiction in the
2008/09 season shall not exceed a
precautionary catch limit of 120 tonnes
applied as follows:
SSRU A—30 tonnes
SSRU B—0 tonnes
SSRU C—30 tonnes
SSRU D—30 tonnes
SSRU E—30 tonnes.
Season 4. For the purpose of the
exploratory longline fishery for
Dissostichus spp. on BANZARE Bank
(Statistical Division 58.4.3b) outside
areas of national jurisdiction, the 2008/
09 season is defined as the period from
1 May to 31 August 2009, or until the
catch limit is reached, whichever is
sooner.
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By-catch 5. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 6. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–02 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
7. The fishery on BANZARE Bank
(Statistical Division 58.4.3b) outside
areas of national jurisdiction, may take
place outside the prescribed season
(paragraph 4) provided that, prior to
entry into force of the licence, each
vessel shall demonstrate its capacity to
comply with experimental lineweighting trials as approved by the
Scientific Committee and described in
Conservation Measure 24–02 and such
data shall be reported to the Secretariat
immediately.
8. Should a total of three (3) seabirds
be caught by a vessel outside the normal
season (defined in paragraph 4), the
vessel shall cease fishing immediately
and shall not be permitted to fish
outside the normal fishing season for
the remainder of the 2008/09 fishing
season.
Observers 9. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: Catch/Effort
10. For the purpose of implementing
this conservation measure in the 2008/
09 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
11. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
12. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Research 13. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
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Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
14. Toothfish shall be tagged at a rate
of at least three fish per tonne green
weight caught.
15. Skates shall be tagged at a rate of
at least one skate per five skates caught,
up to a maximum of 500 skates per
vessel.
Environmental protection 16.
Conservation Measure 26–01 applies.
17. Conservation Measures 22–06 and
22–07 apply.
Conservation Measure 41–08 (2008)
Limits on the fishery for Dissostichus
eleginoides in Statistical Division
58.5.2 in the 2007/08 and 2008/09
seasons
(Species: toothfish; Area: 58.5.2; Season:
2007/08 and 2008/09; Gear: various)
Access 1. The fishery for
Dissostichus eleginoides in Statistical
Division 58.5.2 shall be conducted by
vessels using trawls, pots or longlines
only.
Catch limit 2. The total catch of
Dissostichus eleginoides in Statistical
Division 58.5.2 in the 2007/08 and
2008/09 seasons shall be limited to 2
500 tonnes west of 79°20′ E.
Season 3. For the purpose of the
trawl and pot fisheries for Dissostichus
eleginoides in Statistical Division
58.5.2, the 2007/08 and 2008/09 seasons
are defined as the period from 1
December to 30 November, or until the
catch limit is reached, whichever is
sooner. For the purpose of the longline
fishery for Dissostichus eleginoides in
Statistical Division 58.5.2, the 2007/08
and 2008/09 seasons are defined as the
period from 1 May to 14 September in
each season, or until the catch limit is
reached, whichever is sooner. The
season for longline fishing operations
may be extended from 15 April to 30
April and 15 September to 31 October
in each season for any vessel which has
demonstrated full compliance with
Conservation Measure 25–02 in the
previous season. These extensions to the
season will also be subject to a total
catch limit of three (3) seabirds per
vessel. If three seabirds are caught
during the season extension, fishing
throughout the season extensions shall
cease immediately for that vessel.
By-catch 4. Fishing shall cease if the
by-catch of any species reaches its bycatch limit as set out in Conservation
Measure 33–02.
Mitigation 5. The operation of the
trawl fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds and mammals
through the course of fishing. The
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operation of the longline fishery shall be
carried out in accordance with
Conservation Measure 25–02, except
paragraph 5 (night setting) shall not
apply for vessels using integrated
weighted lines (IWLs) during the period
1 May to 31 October in each season.
Such vessels may deploy IWL gear
during daylight hours if, prior to entry
into force of the licence, each vessel
shall demonstrate its capacity to comply
with experimental line-weighting trials
as approved by the Scientific Committee
and described in Conservation Measure
24–02.
During the period 15 April to 30 April
in each season, vessels shall use IWL
gear and in a manner that ensures lines
are set and hauled sequentially, in
conjunction with night setting and
paired streamer lines.
Observers 6. Each vessel
participating in this fishery shall have at
least one scientific observer, and may
include one appointed in accordance
with the CCAMLR Scheme of
International Scientific Observation, on
board throughout all fishing activities
within the fishing period, with the
exception of the period 15 April to 30
April in each season when two
scientific observers shall be carried.
Data: Catch/Effort 7. For the purpose
of implementing this conservation
measure, the following shall apply:
(i) The Ten-day Catch and Effort
Reporting System set out in Annex 41–
08/A;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Annex 41–08/A. Fine-scale data shall be
submitted on a haul-by-haul basis.
8. For the purpose of Annex 41–08/A,
the target species is Dissostichus
eleginoides and by-catch species are
defined as any species other than
Dissostichus eleginoides.
9. The total number and weight of
Dissostichus eleginoides discarded,
including those with the ‘jellymeat’
condition, shall be reported. These fish
will count towards the total allowable
catch.
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Data: Biological 10. Fine-scale
biological data, as required under
Annex 41–08/A, shall be collected and
recorded. Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental protection 11.
Conservation Measure 26–01 applies.
[Annex 41–08/A is unchanged]
Conservation Measure 41–09 (2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 88.1 in the 2008/09 season
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(Species: toothfish; Area: 88.1; Season:
2008/09; Gear: longline)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. in Statistical Subarea 88.1 shall be
limited to the exploratory longline
fishery by Argentina, Chile, Republic of
Korea, New Zealand, Russia, South
Africa, Spain, UK and Uruguay. The
fishery shall be conducted by a
maximum in the season of two (2)
Argentine, one (1) Chilean, four (4)
Korean, four (4) New Zealand, three (3)
Russian, one (1) South African, one (1)
Spanish, three (3) UK and two (2)
Uruguayan flagged vessels using
longlines only.
2. Fishing is prohibited in depths
shallower than 550 m in order to protect
benthic communities.
Catch limit 3. The total catch of
Dissostichus spp. in Statistical Subarea
88.1 in the 2008/09 season shall not
exceed a precautionary catch limit of
2 700 tonnes applied as follows:
SSRU A—0 tonnes
SSRUs B, C and G—352 tonnes total
SSRU D—0 tonnes
SSRU E—0 tonnes
SSRU F—0 tonnes
SSRUs H, I and K—1 994 tonnes total
SSRU J and L—354 tonnes
SSRU M—0 tonnes.
Season 4. For the purpose of the
exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
88.1, the 2008/09 season is defined as
the period from 1 December 2008 to 31
August 2009.
Fishing operations 5. The
exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
88.1 shall be carried out in accordance
with the provisions of Conservation
Measure 41–01, except paragraph 6.
By-catch 6. The total by-catch in
Statistical Subarea 88.1 in the 2008/09
season shall not exceed a precautionary
catch limit of 135 tonnes of skates and
rays, and 430 tonnes of Macrourus spp.
Within these total by-catch limits,
individual limits will apply as follows:
SSRU A—0 tonnes of any species
SSRUs B, C and G total—50 tonnes of
skates and rays, 40 tonnes of
Macrourus spp., 60 tonnes of other
species
SSRU D—0 tonnes of any species
SSRU E—0 tonnes of any species
SSRU F—0 tonnes of any species
SSRUs H, I and K total—99 tonnes of
skates and rays, 320 tonnes of
Macrourus spp., 60 tonnes of other
species
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SSRU J and L—50 tonnes of skates and
rays, 70 tonnes of Macrourus spp., 40
tonnes of other species.
SSRU M—0 tonnes of any species.
The by-catch in this fishery shall be
regulated as set out in Conservation
Measure 33–03.
Mitigation 7. The exploratory
longline fishery for Dissostichus spp. in
Statistical Subarea 88.1 shall be carried
out in accordance with the provisions of
Conservation Measure 25–02, except
paragraph 5 (night setting), which shall
not apply as long as the requirements of
Conservation Measure 24–02 are met.
8. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 9. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
VMS 10. Each vessel participating in
this exploratory longline fishery shall be
required to operate a VMS at all times,
in accordance with Conservation
Measure 10–04.
CDS 11. Each vessel participating in
this exploratory longline fishery shall be
required to participate in the Catch
Documentation Scheme for Dissostichus
spp., in accordance with Conservation
Measure 10–05.
Research 12. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively. The setting of
research hauls (Conservation Measure
41–01, Annex B, paragraphs 3 and 4) is
not required.
13. Toothfish shall be tagged at a rate
of at least one fish per tonne green
weight caught in each SSRU.
14. Skates shall be tagged at a rate of
at least one skate per five skates caught,
up to a maximum of 500 skates per
vessel.
Data: Catch/Effort
15. For the purpose of implementing
this conservation measure in the 2008/
09 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
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16. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
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Data: Biological
17. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental protection 18.
Conservation Measure 26–01 applies.
19. Conservation Measures 22–06 and
22–07 apply.
Additional elements 20. Fishing for
Dissostichus spp. in Statistical Subarea
88.1 shall be prohibited within 10 n
miles of the coast of the Balleny Islands.
Conservation Measure 41–10 (2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Subarea 88.2 in the 2008/09 season
(Species: toothfish; Area: 88.2; Season:
2008/09; Gear: longline)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–02:
Access 1. Fishing for Dissostichus
spp. in Statistical Subarea 88.2 shall be
limited to the exploratory longline
fishery by Argentina, Chile, Republic of
Korea, New Zealand, Russia, South
Africa, Spain, UK and Uruguay. The
fishery shall be conducted by a
maximum in the season of two (2)
Argentine, one (1) Chilean, two (2)
Korean, four (4) New Zealand, three (3)
Russian, one (1) South African, one (1)
Spanish, three (3) UK and two (2)
Uruguayan flagged vessels using
longlines only.
2. Fishing is prohibited in depths
shallower than 550 m in order to protect
benthic communities.
Catch limit 3. The total catch of
Dissostichus spp. in Statistical Subarea
88.2 south of 65° S in the 2008/09
season shall not exceed a precautionary
catch limit of 567 applied as follows:
SSRU A—0 tonnes
SSRU B—0 tonnes
SSRUs C, D, F and G—214 tonnes total
SSRU E—353 tonnes.
Season 4. For the purpose of the
exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
88.2, the 2008/09 season is defined as
the period from 1 December 2008 to 31
August 2009.
5. The exploratory longline fishery for
Dissostichus spp. in Statistical Subarea
88.2 shall be carried out in accordance
with the provisions of Conservation
Measure 41–01, except paragraph 6.
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By-catch 6. The total by-catch in
Statistical Subarea 88.2 in the 2008/09
season shall not exceed a precautionary
catch limit of 50 tonnes of skates and
rays, and 90 tonnes of Macrourus spp.
Within these total by-catch limits,
individual limits will apply as follows:
SSRU A—0 tonnes of any species
SSRU B—0 tonnes of any species
SSRUs C, D, F, G—50 tonnes of skates
and rays, 34 tonnes of Macrourus
spp., 80 tonnes of other species
SSRU E—50 tonnes of skates and rays,
56 tonnes of Macrourus spp., 20
tonnes of other species.
The by-catch in this fishery shall be
regulated as set out in Conservation
Measure 33–03.
Mitigation 7. The exploratory
longline fishery for Dissostichus spp. in
Statistical Subarea 88.2 shall be carried
out in accordance with the provisions of
Conservation Measure 25–02, except
paragraph 5 (night setting), which shall
not apply as long as the requirements of
Conservation Measure 24–02 are met.
8. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 9. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
VMS 10. Each vessel participating in
this exploratory longline fishery shall be
required to operate a VMS at all times,
in accordance with Conservation
Measure 10–04.
CDS 11. Each vessel participating in
this exploratory longline fishery shall be
required to participate in the Catch
Documentation Scheme for Dissostichus
spp., in accordance with Conservation
Measure 10–05.
Research 12. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively. The setting of
research hauls (Conservation Measure
41–01, Annex B, paragraphs 3 and 4) is
not required.
13. Toothfish shall be tagged at a rate
of at least one fish per tonne green
weight caught in each SSRU.
14. Skates shall be tagged at a rate of
at least one skate per five skates caught,
up to a maximum of 500 skates per
vessel.
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Data: Catch/Effort
15. For the purpose of implementing
this conservation measure in the 2008/
09 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
16. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
17. Fine-scale biological data, as
required under Conservation Measure
23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental protection 18.
Conservation Measure 26–01 applies.
19. Conservation Measures 22–06 and
22–07 apply.
Conservation Measure 41–11 (2008)
Limits on the exploratory fishery for
Dissostichus spp. in Statistical
Division 58.4.1 in the 2008/09 season
(Species: toothfish; Area: 58.4.1; Season:
2008/09; Gear: longline)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–02, and notes that this measure
would be for one year and that data
arising from these activities would be
reviewed by the Scientific Committee:
Access 1. Fishing for Dissostichus
spp. in Statistical Division 58.4.1 shall
be limited to the exploratory longline
fishery by Japan, Republic of Korea,
New Zealand, South Africa, Spain and
Uruguay. The fishery shall be conducted
by one (1) Japanese, five (5) Korean, four
(4) New Zealand, one (1) South African,
one (1) Spanish and one (1) Uruguayan
flagged vessels using longlines only.
2. Fishing is prohibited in depths
shallower than 550 m in order to protect
benthic communities.
Catch limit 3. The total catch of
Dissostichus spp. in Statistical Division
58.4.1 in the 2008/09 season shall not
exceed a precautionary catch limit of
210 tonnes applied as follows:
SSRU A—0 tonnes
SSRU B—0 tonnes
SSRU C—100 tonnes
SSRU D—0 tonnes
SSRU E—50 tonnes
SSRU F—0 tonnes
SSRU G—60 tonnes
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SSRU H—0 tonnes.
Season 4. For the purpose of the
exploratory longline fishery for
Dissostichus spp. in Statistical Division
58.4.1, the 2008/09 season is defined as
the period from 1 December 2008 to 30
November 2009.
Fishing operations 5. The
exploratory longline fishery for
Dissostichus spp. in Statistical Division
58.4.1 shall be carried out in accordance
with the provisions of Conservation
Measure 41–01, except paragraph 6.
By-catch 6. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–03.
Mitigation 7. The exploratory
longline fishery for Dissostichus spp. in
Statistical Division 58.4.1 shall be
carried out in accordance with the
provisions of Conservation Measure 25–
02, except paragraph 5 (night setting)
shall not apply, providing that vessels
comply with Conservation Measure 24–
02.
8. Any vessel catching a total of three
(3) seabirds shall immediately revert to
night setting in accordance with
Conservation Measure 25–02.
Observers 9. Each vessel
participating in the fishery shall have at
least two scientific observers, one of
whom shall be an observer appointed in
accordance with the CCAMLR Scheme
of International Scientific Observation,
on board throughout all fishing
activities within the fishing period.
Research 10. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan and
Tagging Program described in
Conservation Measure 41–01, Annex B
and Annex C respectively.
11. Toothfish shall be tagged at a rate
of at least three fish per tonne green
weight caught.
Data: Catch/Effort
12. For the purpose of implementing
this conservation measure in the 2008/
09 season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
13. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Dissostichus spp. and bycatch species are defined as any species
other than Dissostichus spp.
Data: Biological
14. Fine-scale biological data, as
required under Conservation Measure
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23–05, shall be collected and recorded.
Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental protection 15.
Conservation Measure 26–01 applies.
16. There shall be no offal discharge
in this fishery.
17. Conservation Measures 22–06 and
22–07 apply.
Conservation Measure 42–01 (2008)
Limits on the fishery for
Champsocephalus gunnari in
Statistical Subarea 48.3 in the 2008/09
season
(Species: icefish; Area: 48.3; Season:
2008/09; Gear: trawl)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
31–01:
Access 1. The fishery for
Champsocephalus gunnari in Statistical
Subarea 48.3 shall be conducted by
vessels using trawls only. The use of
bottom trawls in the directed fishery for
Champsocephalus gunnari in Statistical
Subarea 48.3 is prohibited.
2. Fishing for Champsocephalus
gunnari shall be prohibited within 12 n
miles of the coast of South Georgia
during the period 1 March to 31 May.
Catch limit 3. The total catch of
Champsocephalus gunnari in Statistical
Subarea 48.3 in the 2008/09 season shall
be limited to 3 834 tonnes.
4. Where any haul contains more than
100 kg of Champsocephalus gunnari,
and more than 10% of the
Champsocephalus gunnari by number
are smaller than 240 mm total length,
the fishing vessel shall move to another
fishing location at least 5 n miles
distant .1 The fishing vessel shall not
return to any point within 5 n miles of
the location where the catch of small
Champsocephalus gunnari exceeded
10%, for a period of at least five days 2.
The location where the catch of small
Champsocephalus gunnari exceeded
10% is defined as the path followed by
the fishing vessel from the point at
which the fishing gear was first
deployed from the fishing vessel to the
point at which the fishing gear was
retrieved by the fishing vessel.
Season 5. For the purpose of the
trawl fishery for Champsocephalus
gunnari in Statistical Subarea 48.3, the
2008/09 season is defined as the period
from 15 November 2008 to 14 November
2009, or until the catch limit is reached,
whichever is sooner.
By-catch 6. The by-catch in this
fishery shall be regulated as set out in
Conservation Measure 33–01. If, in the
course of the directed fishery for
Champsocephalus gunnari, the by-catch
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in any one haul of any of the species
named in Conservation Measure 33–01
is greater than 100 kg and exceeds 5%
of the total catch of all fish by weight,
or is equal to or greater than 2 tonnes,
then the fishing vessel shall move to
another location at least 5 n miles
distant .1 The fishing vessel shall not
return to any point within 5 n miles of
the location where the by-catch of
species named in Conservation Measure
33–01 exceeded 5% for a period of at
least five days .2 The location where the
by-catch exceeded 5% is defined as the
path followed by the fishing vessel from
the point at which the fishing gear was
first deployed from the fishing vessel to
the point at which the fishing gear was
retrieved by the fishing vessel.
Mitigation 7. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds in the course of the
fishery. Vessels shall use net binding 3
and consider adding weight to the
codend to reduce seabird captures
during shooting operations.
8. Should any vessel catch a total of
20 seabirds, it shall cease fishing and
shall be excluded from further
participation in the fishery in the 2008/
09 season.
Observers 9. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: Catch/Effort 10. For the
purpose of implementing this
conservation measure in the 2008/09
season, the following shall apply:
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) the Monthly Fine-Scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
11. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Champsocephalus gunnari
and by-catch species are defined as any
species other than Champsocephalus
gunnari.
Data: Biological 12. Fine-scale
biological data, as required under
Conservation Measure 23–05, shall be
collected and recorded. Such data shall
be reported in accordance with the
CCAMLR Scheme of International
Scientific Observation.
Environmental protection 13.
Conservation Measure 26–01 applies.
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1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
appropriate definition of a fishing location by
the Commission.
2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
3 See SC–CAMLR–XXV, Annex 5,
Appendix D, paragraph 59 for guidelines for
net binding.
Conservation Measure 42–02 (2008)
Limits on the fishery for
Champsocephalus gunnari in
Statistical Division 58.5.2 in the 2008/
09 season
(Species: icefish; Area: 58.5.2; Season:
2008/09; Gear: trawl)
Access 1. The fishery for
Champsocephalus gunnari in Statistical
Division 58.5.2 shall be conducted by
vessels using trawls only.
2. For the purpose of this fishery for
Champsocephalus gunnari, the area
open to the fishery is defined as that
portion of Statistical Division 58.5.2 that
lies within the area enclosed by a line:
(i) Starting at the point where the
meridian of longitude 72°15′E intersects
the Australia-France Maritime
Delimitation Agreement Boundary then
south along the meridian to its
intersection with the parallel of latitude
53°25′S;
(ii) Then east along that parallel to its
intersection with the meridian of
longitude 74° E;
(iii) Then northeasterly along the
geodesic to the intersection of the
parallel of latitude 52°40′S and the
meridian of longitude 76° E;
(iv) Then north along the meridian to
its intersection with the parallel of
latitude 52° S;
(v) Then northwesterly along the
geodesic to the intersection of the
parallel of latitude 51° S with the
meridian of longitude 74°30′E;
(vi) Then southwesterly along the
geodesic to the point of commencement.
3. A chart illustrating the above
definition is appended to this
conservation measure (Annex 42–02/A).
Areas in Statistical Division 58.5.2
outside that defined above shall be
closed to directed fishing for
Champsocephalus gunnari.
Catch limit 4. The total catch of
Champsocephalus gunnari in Statistical
Division 58.5.2 in the 2008/09 season
shall be limited to 102 tonnes.
5. Where any haul contains more than
100 kg of Champsocephalus gunnari,
and more than 10% of the
Champsocephalus gunnari by number
are smaller than the specified minimum
legal total length, the fishing vessel shall
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move to another fishing location at least
5 n miles distant 1. The fishing vessel
shall not return to any point within 5 n
miles of the location where the catch of
small Champsocephalus gunnari
exceeded 10% for a period of at least
five days.2 The location where the catch
of small Champsocephalus gunnari
exceeded 10% is defined as the path
followed by the fishing vessel from the
point at which the fishing gear was first
deployed from the fishing vessel to the
point at which the fishing gear was
retrieved by the fishing vessel. The
minimum legal total length shall be 240
mm.
Season 6. For the purpose of the
trawl fishery for Champsocephalus
gunnari in Statistical Division 58.5.2,
the 2008/09 season is defined as the
period from 1 December 2008 to 30
November 2009, or until the catch limit
is reached, whichever is sooner.
By-catch 7. Fishing shall cease if the
by-catch of any species reaches its bycatch limit as set out in Conservation
Measure 33–02.
Mitigation 8. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
Observers 9. Each vessel
participating in this fishery shall have at
least one scientific observer, and may
include one appointed in accordance
with the CCAMLR Scheme of
International Scientific Observation, on
board throughout all fishing activities
within the fishing period.
Data: Catch/Effort 10. For the
purpose of implementing this
conservation measure in the 2008/09
season, the following shall apply:
(i) The Ten-day Catch and Effort
Reporting System set out in Annex 42–
02/B;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Annex 42–02/B. Fine-scale data shall be
submitted on a haul-by-haul basis.
11. For the purpose of Annex 42–02/
B, the target species is
Champsocephalus gunnari and by-catch
species are defined as any species other
than Champsocephalus gunnari.
Data: Biological 12. Fine-scale
biological data, as required under
Annex 42–02/B, shall be collected and
recorded. Such data shall be reported in
accordance with the CCAMLR Scheme
of International Scientific Observation.
Environmental protection 13.
Conservation Measure 26–01 applies.
1 This provision concerning the minimum
distance separating fishing locations is
adopted pending the adoption of a more
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appropriate definition of a fishing location by
the Commission.
2 The specified period is adopted in
accordance with the reporting period
specified in Conservation Measure 23–01,
pending the adoption of a more appropriate
period by the Commission.
Annexes 42–02/A and 42–02/B are
unchanged
Conservation Measure 51–01 (2008)
Precautionary catch limitations on
Euphausia superba in Statistical
Subareas 48.1, 48.2, 48.3, and 48.4
(Species: krill; Area: 48.1. 48.2, 48.3,
48.4; Season: all; Gear: all)
The Commission,
Noting that it has agreed (CCAMLR–
XIX, paragraph 10.11) that the krill
catches in Statistical Subareas 48.1,
48.2, 48.3 and 48.4 shall not exceed a
set level, defined herein as a trigger
level, until a procedure for division of
the overall catch limit into smaller
management units has been established,
and that the Scientific Committee has
been directed to provide advice on such
a subdivision,
Recognising that the Scientific
Committee agreed a trigger level of
620 000 tonnes, adopts the following
measure in accordance with Article IX
of its Convention:
Access 1. The fishery for Euphausia
superba in Statistical Subareas 48.1,
48.2, 48.3 and 48.4 shall be conducted
by vessels using fishing methods listed
in Conservation Measure 21–03, Annex
A only.
Catch limit 2. The total combined
catch of Euphausia superba in
Statistical Subareas 48.1, 48.2, 48.3 and
48.4 shall be limited to 3.47 million
tonnes in any fishing season.
Trigger level 3. Until the
Commission has defined an allocation
of this total catch limit between smaller
management units,1 based on the advice
from the Scientific Committee, the total
combined catch in Statistical Subareas
48.1, 48.2, 48.3 and 48.4 shall be further
limited to 620 000 tonnes in any fishing
season.
4. This measure shall be kept under
review by the Commission, taking into
account the advice of the Scientific
Committee.
Season 5. A fishing season begins on
1 December and finishes on 30
November of the following year.
Mitigation 6. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
7. The use of marine mammal
exclusion devices on trawls is
mandatory.
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Data 8. For the purpose of
implementing this conservation
measure, the data requirements set out
in Conservation Measure 23–06 shall
apply.
Environmental protection 9.
Conservation Measure 26–01 applies.
1 Defined
in CCAMLR–XXI, paragraph 4.5.
Conservation Measure 51–02 (2008)
Precautionary catch limitation on
Euphausia superba in Statistical
Division 58.4.1
(Species: krill; Area: 58.4.1; Season: all;
Gear: trawl)
Access 1. The fishery for Euphausia
superba in Statistical Division 58.4.1
shall be conducted by vessels using
fishing methods listed in Conservation
Measure 21–03, Annex A only.
Catch limit 2. The total catch of
Euphausia superba in Statistical
Division 58.4.1 shall be limited to 440
000 tonnes in any fishing season.
3. The total catch shall be further
subdivided into two subdivisions
within Statistical Division 58.4.1 as
follows: west of 115° E, 277 000 tonnes;
and east of 115° E, 163 000 tonnes.
4. This measure shall be kept under
review by the Commission, taking into
account the advice of the Scientific
Committee.
Season 5. A fishing season begins on
1 December and finishes on 30
November the following year.
Mitigation 6. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
7. The use of marine mammal
exclusion devices on trawls is
mandatory.
Data 8. For the purposes of
implementing this conservation
measure, the data requirements set out
in Conservation Measure 23–06 shall
apply.
Environmental protection 9.
Conservation Measure 26–01 applies.
jlentini on PROD1PC65 with NOTICES2
Conservation Measure 51–03 (2008)
Precautionary catch limitation on
Euphausia superba in Statistical
Division 58.4.2
(Species: krill; Area: 58.4.2; Season: all;
Gear: trawl)
Access 1. The fishery for Euphausia
superba in Statistical Division 58.4.2
shall be conducted by vessels using
fishing methods listed in Conservation
Measure 21–03, Annex A only.
Catch limit 2. The total catch of
Euphausia superba in Statistical
Division 58.4.2 shall be limited to 2.645
million tonnes in any fishing season.
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3. The total catch limit shall be
further subdivided into two
subdivisions within Statistical Division
58.4.2 as follows: west of 55° E, 1.448
million tonnes; and east of 55° E, 1.080
million tonnes.
Trigger level 1 4. Until the
Commission has defined an allocation
of this total catch limit between smaller
management units, as the Scientific
Committee may advise, the total catch
in Division 58.4.2 shall be limited to
260 000 tonnes west of 55° E and 192
000 tonnes east of 55° E in any fishing
season.
5. This measure shall be kept under
review by the Commission, taking into
account the advice of the Scientific
Committee.
Season 6. A fishing season begins on
1 December and finishes on 30
November of the following year.
Mitigation 7. The operation of this
fishery shall be carried out in
accordance with Conservation Measure
25–03 so as to minimise the incidental
mortality of seabirds in the course of
fishing.
8. The use of marine mammal
exclusion devices on trawls is
mandatory.
Observers 9. Each vessel
participating in the fishery shall have at
least one scientific observer in
accordance with the CCAMLR Scheme
of International Scientific Observation
or a domestic scientific observer
fulfilling the requests in the scheme,
and where possible one additional
scientific observer, on board throughout
all fishing activities within the fishing
period.2
Data 10. For the purposes of
implementing this conservation
measure, the data requirements set out
in Conservation Measure 23–06 shall
apply.
Environmental protection 11.
Conservation Measure 26–01 applies.
1 A trigger level is a set level that the catch
shall not exceed until a procedure for the
division of the overall catch limit into
smaller management units, upon which the
Scientific Committee has been directed to
provide advice, has been established.
2 Bearing in mind the limited ecological
information from research and fisheries
observers in Statistical Division 58.4.2
compared to Statistical Area 48, the
Commission recognised the need to collect
scientific data from the fishery. This
paragraph applies only to the krill fishery in
Statistical Division 58.4.2 and shall be
revised depending on the advice of the
Scientific Committee on a systematic scheme
for scientific observation in the krill fishery
or reviewed within three years, whichever
comes earlier.
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7159
Conservation Measure 51–04 (2008)
General measure for exploratory
fisheries for Euphausia superba in the
Convention Area in the 2008/09
season
(Species: krill; Area: various; Season:
2008/09; Gear: various)
The Commission hereby adopts the
following conservation measure:
1. This conservation measure applies
to exploratory fisheries for Antarctic
krill (Euphausia superba) except for
such fisheries where the Commission
has given specific exemptions, and only
to the extent of those exemptions.
2. Fishing in any statistical subarea or
division shall cease when the reported
catch reaches the specified catch limit 1
and that subarea or division shall be
closed to fishing for the remainder of
the season. No more than 75% of the
catch limit shall be taken within 60 n
miles of known breeding colonies of
land-based krill-dependent predators.
3. In order to give effect to paragraph
2 above:
(i) The precise geographic position of
a trawl haul will be determined by the
midpoint of the path between the start
point and end point of the haul for the
purposes of catch and effort reporting;
(ii) For the purposes of this
conservation measure, fishing is defined
as any time that fishing gear,
conventional trawls, pumped codends,
and continuous pumping gear are in the
water;
(iii) The Secretariat shall notify
Contracting Parties participating in
these fisheries when the total catch of
Euphausia superba combined in any
statistical subarea or division is likely to
reach the specified catch limit, and of
the closure of that subarea or division
when that limit is reached.2 No part of
a trawl path may lie within a closed
subarea or division.
4. The total green weight of krill
caught and lost shall be reported.
5. Each vessel participating in the
exploratory fisheries for krill during the
2008/09 season shall have one observer
appointed in accordance with the
CCAMLR Scheme of International
Scientific Observation, and where
possible one additional scientific
observer, on board throughout all
fishing activities within the fishing
season.
6. The Data Collection Plan (Annex
51–04/A) and Research Plan (Annex 51–
04/B) shall be implemented. Data
collected pursuant to the Data
Collection and Research Plans for the
period up to 1 May 2009 shall be
reported to CCAMLR by 1 June 2009 so
that the data will be available to the
meeting of the Working Group on
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Ecosystem Monitoring and Management
(WG–EMM) in 2009. Such data taken
after 1 June 2009 shall be reported to
CCAMLR not later than three months
after the closure of the fishery, but,
where possible, submitted in time for
the consideration of the Scientific
Committee.
7. Contracting Parties who choose not
to participate in the fishery prior to the
commencement of the fishery shall
inform CCAMLR of changes in their
plans no later than one month before the
start of the fishery. If, for whatever
reason, Contracting Parties are unable to
participate in the fishery, they shall
inform CCAMLR no later than one week
after finding that they cannot
participate. The Secretariat will inform
all Contracting Parties immediately after
such notification is received.
1 Unless otherwise specified, the catch
limit for krill shall be 15 000 tonnes in any
statistical subarea or division.
2 The closure of fisheries is governed by
Conservation Measure 31–02.
Annex 51–04/A
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Data Collection Plans for Exploratory
Krill Fisheries
1. During normal fishing operations,
all vessels will comply with the Ten-day
Catch and Effort Reporting System
(Conservation Measure 23–02) and the
Monthly Fine-scale Catch, Effort and
Biological Data Reporting Systems
(Conservation Measures 23–04 and 23–
05), including requirements for the
provision of haul-by-haul data.
2. During normal fishing operations,
all data required by the CCAMLR
Scientific Observers Manual for krill
fisheries will be collected.
3. Detailed information on the
configuration of every commercial trawl
used during normal fishing operations
and every research net used during
required research operations will be
reported to CCAMLR no later than one
month after the conclusion of each
fishing trip.
4. Data collected from research net
hauls shall include:
(i) The start and end positions and
times of the haul;
(ii) The date on which the haul was
conducted;
(iii) Characteristics of the haul such as
tow speed, the maximum amount of
wire payed out during a tow, the
average wire angle during the tow, and
calibrated flow-meter values that can be
used to provide accurate measures of
volume filtered;
(iv) An estimate of the total catch (in
numbers or weight) of krill; and
(v) A random sample of up to 200 krill
or the entire catch, whichever is less, to
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17:20 Feb 11, 2009
Jkt 217001
be taken from the haul by the observer—
the length, sex and maturity stage
should be measured and recorded for all
krill according to protocols in the
CCAMLR Scientific Observers Manual.
5. At a minimum, data collected from
acoustic transects shall:
(i) As far as possible, be recorded
following protocols specified for the
CCAMLR–2000 Survey;
(ii) Be linked to position data
recorded from a GPS;
(iii) Be continuously recorded and
then electronically archived every five
days or whenever the vessel moves
between exploratory units, which ever
occurs most frequently.
6. Data collected during research
operations conducted by fishing vessels
shall be reported to CCAMLR no later
than one month after the conclusion of
each fishing trip.
7. Data collected by Contracting
Parties conducting fishery-independent
research operations shall, as applicable,
be submitted to CCAMLR following
guidelines for the submission of CEMP
data and data collected during the
CCAMLR–2000 Survey. These data shall
be submitted in sufficient time to be
considered by the next meeting of WG–
EMM.
Annex 51–04/B
Research Plans for Exploratory Krill
Fisheries
1. Activities under this Research Plan
shall not be exempted from any
conservation measure in force.
2. This plan applies to all statistical
subarea or divisions.
3. A schematic representation of the
plans described herein is provided in
Figure 1.
4. Contracting Parties intending to
conduct exploratory krill fisheries shall
choose one of the following four
Research and Data Collection Plans and
advise CCAMLR of their choice at least
one month prior to initiating any fishing
activities.
(i) Predator monitoring
(ii) A research survey conducted from
a scientific vessel
(iii) Acoustic transects by fishing
vessels, or
(iv) Research trawls by fishing vessels.
5. In cases where Contracting Parties
select plan (i), predator monitoring,
from the list in paragraph 4 above, those
Parties shall, as far as possible, follow
CEMP Standard Methods. Monitoring
shall be conducted for a period of time
sufficient both to cover the entire
breeding period of land-based predators
and to cover the duration of any
exploratory fishing that occurs during
their breeding season.
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6. In cases where Contracting Parties
select plan (ii), research survey
conducted from a scientific vessel, from
the list in paragraph 4 above,
Contracting Parties shall, as far as
possible, follow all data collection and
analysis protocols specified for the
CCAMLR–2000 Survey.
7. In cases where Contracting Parties
select plans (iii) acoustic transects by
fishing vessels, or (iv) research trawls by
fishing vessels, from the list in
paragraph 4 above, vessels participating
in exploratory krill fisheries shall first
conduct normal exploratory fishing
operations and then conduct additional
research requirements. Vessels will
conduct normal fishing operations until
they voluntarily decide to stop fishing
for the season or until the catch limit for
the exploratory fishery is reached.
Vessels will then complete all required
research operations. The research
requirements must be completed within
a fishing season.
8. For the purposes of this
conservation measure, exploratory units
are defined as areas of 1° latitude by 1°
longitude size, and the vertices of these
units shall occur at integer points of
latitude and longitude within statistical
subarea or divisions.
9. During normal exploratory fishing
operations, vessels can choose to fish in
any exploratory unit, however one set of
acoustic transects or one set of research
hauls must be conducted in each
exploratory unit visited during normal
fishing operations.
10. Plans (iii) acoustic transects by
fishing vessels, and (iv) research trawls
by fishing vessels, from the list in
paragraph 4 above shall be conducted as
follows:
(i) Upon completion (either
voluntarily or if the catch limit has been
reached) of normal exploratory fishing
operations, the vessel will transit to the
nearest previously unvisited exploratory
unit and begin research operations;
(ii) The vessel will determine how
many previously unvisited exploratory
units must be surveyed during research
operations by dividing the catch
obtained during normal exploratory
fishing operations by 2,000 tonnes and
rounding that number to the nearest
integer;
(iii) The vessel will then select a
number of exploratory units equal to the
number of units determined by the
calculation in item (ii) above and
conduct one set of acoustic transects or
one set of research hauls in each of
these units;
(iv) Exploratory units visited during
research operations must not have been
visited during normal exploratory
fishing operations;
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7161
and research operations, shall be
accompanied by at least one net haul.
These hauls can be conducted either
with commercial trawls or with research
trawls. Trawls that accompany acoustic
transects can be conducted during the
transect or immediately after the
completion of the transect. In the latter
case, the trawl shall be conducted along
a previous segment of the transect line.
Trawls that accompany acoustic
transects shall be at least 0.5 h in
duration, or sufficient time to achieve a
representative sample, and the data
collected from these hauls shall be the
same as those required for research
hauls.
The Commission hereby adopts the
following conservation measure in
accordance with Conservation
Measure 21–02, and notes that this
measure would be for one year and
that data arising from these activities
would be reviewed by the Scientific
Committee:
Limits on the exploratory fishery for
Euphausia superba in Statistical
Subarea 48.6 in the 2008/09 season
(Species: krill; Area: 48.6; Season: 2008/
09; Gear: trawl)
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Access 1. Fishing for Euphausia
superba in Statistical Subarea 48.6 shall
be limited to the exploratory trawl
fishery by Norway. The fishery shall be
conducted by one (1) Norwegian flagged
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EN12FE09.014</GPH>
research hauls separated by a minimum
of 10 n miles.
12. Acoustic transects shall be
conducted using a scientific-quality
echosounder collecting information at
120 kHz. The echosounder should be
calibrated. Every acoustic transect shall
be a randomly located, continuous path
travelled at constant speed of 10 knots
or less and in a constant direction. The
minimum distance between the start
and end points of a transect shall be 30
n miles, and a set of acoustic transects
is defined as two transects separated by
at least 10 n miles.
13. All acoustic transects, both during
normal exploratory fishing operations
Conservation Measure 51–05 (2008)
jlentini on PROD1PC65 with NOTICES2
(v) The survey will be conducted in
a way that ensures the exploratory units
visited during research operations will
surround the units in which normal
exploratory fishing operations
previously occurred.
11. Research hauls shall be conducted
with nekton trawls commonly used in
scientific research (e.g., IKMT or RMT
type nets) that have 4–5 mm mesh,
including the codend. Every research
haul shall be a randomly located,
oblique haul made to a depth of 200 m
or 25 m above the bottom (whichever is
less) with a duration of 0.5 h. A set of
research hauls is defined as three
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vessel using one of the fishing
techniques in Annex 21–03/A.
Catch limit 2. The total catch of
Euphausia superba in Statistical
Subarea 48.6 in the 2008/09 season shall
not exceed a precautionary catch limit
of 15 000 tonnes, of which no more than
11 250 tonnes shall be taken from areas
within 60 n miles of known breeding
colonies of land-based krill-dependent
predators.
Season 3. For the purpose of the
exploratory fishery for Euphausia
superba in Statistical Subarea 48.6, the
2008/09 season is defined as the period
from 1 December 2008 to 30 November
2009.
Mitigation 4. The exploratory fishery
for Euphausia superba in Statistical
Subarea 48.6 shall be carried out in
accordance with the provisions of
Conservation Measure 25–03 so as to
minimise the incidental mortality of
seabirds in the course of fishing.
5. The use of marine mammal
exclusion devices on trawls is
mandatory.
Observers 6. The vessel participating
in the fishery shall have one observer
appointed in accordance with the
CCAMLR Scheme of International
Scientific Observation, and where
possible an additional observer, on
board throughout all fishing activities
within the fishing period.
Data: Catch/Effort 7. For the purpose
of implementing this conservation
measure in the 2008/09 season, the
following shall apply:
(i) The Ten-day Catch and Effort
Reporting System set out in
Conservation Measure 23–02;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
8. For the purpose of Conservation
Measures 23–01 and 23–04, the target
species is Euphausia superba and bycatch species are defined as any species
other than Euphausia superba.
Data: Biological 9. Fine-scale
biological data, as required under
Conservation Measure 23–05, shall be
collected and recorded. Such data shall
be reported in accordance with the
CCAMLR Scheme of International
Scientific Observation.
Research 10. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the Research Plan
described in Conservation Measure 51–
04.
Environmental protection 11.
Conservation Measure 26–01 applies.
12. There shall be no offal discharge
in this fishery.
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Conservation Measure 52–01 (2008)
Limits on the fishery for crab in
Statistical Subarea 48.3 in the 2008/09
season
(Species: crab; Area: 48.3; Season: 2008/
09; Gear: pot)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation
Measure 31–01:
Access 1. The fishery for crab in
Statistical Subarea 48.3 shall be
conducted by vessels using pots only.
The crab fishery is defined as any
commercial harvest activity in which
the target species is any member of the
crab group (Order Decapoda, Suborder
Reptantia).
2. The crab fishery shall be limited to
one vessel per Member.
3. Each Member intending to
participate in the crab fishery shall
notify the CCAMLR Secretariat at least
three months in advance of starting
fishing of the name, type, size,
registration number, radio call sign, and
Research and Fishery Operation Plans of
the vessel that the Member has
authorised to participate in the crab
fishery.
Catch limit 4. The total catch of crab
in Statistical Subarea 48.3 in the 2008/
09 season shall not exceed a
precautionary catch limit of 1 600
tonnes.
5. The crab fishery shall be limited to
sexually mature male crabs—all female
and undersized male crabs caught shall
be released unharmed. In the case of
Paralomis spinosissima and Paralomis
formosa, males with a minimum
carapace width of 94 and 90 mm
respectively, may be retained in the
catch.
Season 6. For the purpose of the pot
fishery for crab in Statistical Subarea
48.3, the 2008/09 season is defined as
the period from 1 December 2008 to 30
November 2009, or until the catch limit
is reached, whichever is sooner.
By-catch 7. The by-catch of
Dissostichus eleginoides shall be
counted against the catch limit in the
fishery for Dissostichus eleginoides in
Statistical Subarea 48.3.
Observers 8. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period. Scientific observers
shall be afforded unrestricted access to
the catch for statistical random
sampling prior to, as well as after,
sorting by the crew.
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Data: Catch/Effort 9. For the purpose
of implementing this conservation
measure in the 2008/09 season, the
following shall apply:
(i) The Ten-day Catch and Effort
Reporting System set out in
Conservation Measure 23–02;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
10. For the purpose of Conservation
Measures 23–02 and 23–04 the target
species is crab and by-catch species are
defined as any species other than crab.
Data: Biological 11. Fine-scale
biological data, as required under
Conservation Measure 23–05, shall be
collected and recorded. Such data shall
be reported in accordance with the
CCAMLR Scheme of International
Scientific Observation.
Research 12. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the data requirements
described in Annex 52–01/A and the
experimental harvest regime described
in Annex 52–01/B. Data collected for
the period up to 31 August 2009 shall
be reported to CCAMLR by 30
September 2009 so that the data will be
available to the meeting of the Working
Group on Fish Stock Assessment (WG–
FSA) in 2009. Such data collected after
31 August 2009 shall be reported to
CCAMLR not later than three months
after the closure of the fishery.
Environmental protection 13.
Conservation Measure 26–01 applies.
Annex 52–01/A
Data Requirements
Catch and Effort Data
Cruise Descriptions
Cruise code, vessel code, permit
number, year.
Pot Descriptions
Diagrams and other information,
including pot shape, dimensions, mesh
size, funnel position, aperture and
orientation, number of chambers,
presence of an escape port.
Effort Descriptions
Date, time, latitude and longitude of
the start of the set, compass bearing of
the set, total number of pots set, spacing
of pots on the line, number of pots lost,
depth, soak time, bait type.
Catch Descriptions
Retained catch in numbers and
weight, by-catch of all species (see Table
1), incremental record number for
linking with sample information.
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For these data, crabs are to be
sampled from the line hauled just prior
to noon, by collecting the entire
contents of a number of pots spaced at
intervals along the line so that between
35 and 50 specimens are represented in
the subsample.
Cruise Descriptions
Cruise code, vessel code, permit
number.
Sample Descriptions
Date, position at start of the set,
compass bearing of the set, line number.
Data
Species, sex, length of at least 35
individuals, presence/absence of
rhizocephalan parasites, record of the
destination of the crab (kept, discarded,
destroyed), record of the pot number
from which the crab comes.
Annex 52–01/B
Experimental Harvest Regime
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This annex applies to all crab fishing
within Statistical Subarea 48.3. Every
vessel participating in the crab fishery
in Statistical Subarea 48.3 shall
conduct fishing operations in
accordance with an experimental
harvest regime as outlined below:
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1. Vessels shall conduct the
experimental harvest regime at the start
of their first season of participation in
the crab fishery and the following
conditions shall apply:
(i) Every vessel when undertaking an
experimental harvesting regime shall
expend its first 200 000 pot hours of
effort within a total area delineated by
12 blocks of 0.5° latitude by 1.0°
longitude. For the purposes of this
conservation measure, these blocks shall
be numbered A to L. In Annex 52–01/
C, the blocks are illustrated (Figure 1),
and the geographic position is denoted
by the coordinates of the northeast
corner of the block. For each string, pot
hours shall be calculated by taking the
total number of pots on the string and
multiplying that number by the soak
time (in hours) for that string. Soak time
shall be defined for each string as the
time between start of setting and start of
hauling;
(ii) Vessels shall not fish outside the
area delineated by the 0.5° latitude by
1.0° longitude blocks prior to
completing the experimental harvesting
regime;
(iii) Vessels shall not expend more
than 30 000 pot hours in any single
block of 0.5° latitude by 1.0° longitude;
(iv) If a vessel returns to port before
it has expended 200 000 pot hours in
the experimental harvesting regime, the
remaining pot hours shall be expended
PO 00000
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Sfmt 4703
before it can be considered that the
vessel has completed the experimental
harvesting regime;
(v) After completing 200 000 pot
hours of experimental fishing, it shall be
considered that vessels have completed
the experimental harvesting regime and
they shall be permitted to commence
fishing in a normal fashion.
2. Data collected during the
experimental harvest regime up to 30
June 2009 shall be submitted to
CCAMLR by 31 August 2009.
3. Vessels that complete the
experimental harvest regime shall not be
required to conduct experimental
fishing in future seasons.
4. Fishing vessels shall participate in
the experimental harvest regime
independently (i.e. vessels may not
cooperate to complete phases of the
experiment).
5. Crabs taken by any vessel for
research purposes will be considered as
part of any catch limits in force for each
species taken, and shall be reported to
CCAMLR as part of the annual
STATLANT returns.
6. All vessels participating in the
experimental harvest regime shall carry
at least one scientific observer,
appointed in accordance with the
CCAMLR Scheme of International
Scientific Observation, on board during
all fishing activities.
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Biological Data
7163
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Conservation Measure 52–02 (2008)
Limits on the exploratory fishery for
crab in Statistical Subarea 48.2 in the
2008/09 season
(Species: Crab; Area: 48.2; Season: 2008/
09; Gear: pot)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–01, and notes that this measure
would be for one year and that data
arising from these activities would be
reviewed by the Scientific Committee:
Access 1. The fishery for crab in
Statistical Subarea 48.2 shall be
conducted by vessels using pots only.
The crab fishery is defined as any
harvest activity in which the target
species is any member of the crab group
(Order Decapoda, Suborder Reptantia).
The fishery in the 2008/09 season shall
be conducted by one (1) Russian flagged
vessel using pots only.
2. The crab fishery shall be limited to
one vessel per Member.
Catch limit 3. The total catch of crab
in Statistical Subarea 48.2 in the 2008/
09 season shall not exceed a
precautionary catch limit of 250 tonnes.
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17:20 Feb 11, 2009
Jkt 217001
4. The crab fishery shall be limited to
sexually mature male crabs—all female
and undersized male crabs caught shall
be released unharmed. In the case of
Paralomis spinosissima and Paralomis
formosa, males with a minimum
carapace width of 94 and 90 mm
respectively, may be retained in the
catch.
Season 5. For the purpose of the pot
fishery for crab in Statistical Subarea
48.2, the 2008/09 season is defined as
the period from 1 December 2008 to 30
November 2009, or until the catch limit
is reached, whichever is sooner.
By-catch 6. All by-catch of finfish
shall be recorded for length, identified
to species and then released to the sea
with the least possible handling. Before
release, all live specimens of
Dissostichus spp. shall be measured and
tagged. Full biological data shall be
taken from all dead finfish by-catch. A
total by-catch limit of 0.5 tonnes shall
apply for all dead finfish.
Observers 7. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
PO 00000
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Sfmt 4703
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period. Scientific observers
shall be afforded unrestricted access to
the catch for statistical random
sampling prior to, as well as after,
sorting by the crew.
Data: Catch/Effort 8. For the purpose
of implementing this conservation
measure in the 2008/09 season, the
following shall apply:
(i) The Ten-day Catch and Effort
Reporting System set out in
Conservation Measure 23–02;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
9. For the purpose of Conservation
Measures 23–02 and 23–04 the target
species is crab and by-catch species are
defined as any species other than crab.
Data: Biological 10. Fine-scale
biological data, as required under
Conservation Measure 23–05, shall be
collected and recorded. Such data shall
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CCAMLR not later than three months
after the closure of the fishery.
Environmental protection 12.
Conservation Measure 26–01 applies.
13. Conservation Measures 22–06 and
22–07 apply.
Biological Data
an experimental harvest regime as
outlined below:
1. Vessels shall conduct the
experimental harvest regime at the start
of their first season of participation in
the crab fishery and the following
conditions shall apply:
(i) Every vessel when undertaking an
experimental harvesting regime shall
expend its first 200 000 pot hours of
effort within a total area delineated by
12 blocks of 0.5° latitude by 1.0°
longitude. For the purposes of this
conservation measure, these blocks shall
be numbered A to L. In Annex 52–02/
C, the blocks are illustrated (Figure 1),
and the geographic position is denoted
by the coordinates of the northeast
corner of the block. For each string, pot
hours shall be calculated by taking the
total number of pots on the string and
multiplying that number by the soak
time (in hours) for that string. Soak time
shall be defined for each string as the
time between start of setting and start of
hauling;
(ii) Vessels shall not fish outside the
area delineated by the 0.5° latitude by
1.0° longitude blocks prior to
completing the experimental harvesting
regime;
(iii) Vessels shall not expend more
than 30,000 pot hours in any single
block of 0.5° latitude by 1.0° longitude;
For these data, crabs are to be
sampled from the line hauled just prior
to noon, by collecting the entire
contents of a number of pots spaced at
intervals along the line so that between
35 and 50 specimens are represented in
the subsample.
Cruise Descriptions
Cruise code, vessel code, permit
number.
Sample Descriptions
Date, position at start of the set,
compass bearing of the set, line number.
Data
Species, sex, length of at least 35
individuals, presence/absence of
rhizocephalan parasites, record of the
destination of the crab (kept, discarded,
destroyed), record of the pot number
from which the crab comes.
Annex 52–02/B
jlentini on PROD1PC65 with NOTICES2
Experimental Harvest Regime
This annex applies to all crab fishing
within Statistical Subarea 48.2. Every
vessel participating in the crab fishery
in Statistical Subarea 48.2 shall conduct
fishing operations in accordance with
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17:20 Feb 11, 2009
Jkt 217001
Annex 52–02/A
Data Requirements
Catch and Effort Data
Cruise Descriptions
Cruise code, vessel code, permit
number, year.
Pot Descriptions
Diagrams and other information,
including pot shape, dimensions, mesh
PO 00000
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Fmt 4701
Sfmt 4703
size, funnel position, aperture and
orientation, number of chambers,
presence of an escape port.
Effort Descriptions
Date, time, latitude and longitude of
the start of the set, compass bearing of
the set, total number of pots set, spacing
of pots on the line, number of pots lost,
depth, soak time, bait type.
Catch Descriptions
Retained catch in numbers and
weight, by-catch of all species (see Table
1), incremental record number for
linking with sample information.
(iv) If a vessel returns to port before
it has expended 200 000 pot hours in
the experimental harvesting regime, the
remaining pot hours shall be expended
before it can be considered that the
vessel has completed the experimental
harvesting regime;
(v) After completing 200,000 pot
hours of experimental fishing, it shall be
considered that vessels have completed
the experimental harvesting regime and
they shall be permitted to commence
fishing in a normal fashion.
2. Data collected during the
experimental harvest regime up to 30
June 2009 shall be submitted to
CCAMLR by 31 August 2009.
3. Vessels that complete the
experimental harvest regime shall not be
required to conduct experimental
fishing in future seasons.
4. Fishing vessels shall participate in
the experimental harvest regime
independently (i.e., vessels may not
cooperate to complete phases of the
experiment).
5. Crabs taken by any vessel for
research purposes will be considered as
part of any catch limits in force for each
species taken, and shall be reported to
CCAMLR as part of the annual
STATLANT returns.
6. All vessels participating in the
experimental harvest regime shall carry
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EN12FE09.017</GPH>
be reported in accordance with the
CCAMLR Scheme of International
Scientific Observation.
Research 11. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the data requirements
described in Annex 52–02/A and the
experimental harvest regime described
in Annex 52–02/B. Data collected for
the period up to 31 August 2009 shall
be reported to CCAMLR by 30
September 2009 so that the data will be
available to the meeting of the Working
Group on Fish Stock Assessment (WG–
FSA) in 2009. Such data collected after
31 August 2009 shall be reported to
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2. The crab fishery shall be limited to
one vessel per Member.
Catch limit 3. The total catch of crab
in Statistical Subarea 48.4 in the 2008/
09 season shall not exceed a
precautionary catch limit of 10 tonnes.
4. The crab fishery shall be limited to
sexually mature male crabs—all female
and undersized male crabs caught shall
be released unharmed. In the case of
Paralomis spinosissima and Paralomis
formosa, males with a minimum
carapace width of 94 and 90 mm,
respectively, may be retained in the
catch.
Season 5. For the purpose of the pot
fishery for crab in Statistical Subarea
48.2, the 2008/09 season is defined as
the period from 1 December 2008 to 30
November 2009, or until the catch limit
is reached, whichever is sooner.
By-catch 6. All by-catch of finfish
shall be recorded for length, identified
to species and then released to the sea
Limits on the exploratory fishery for
crab in Statistical Subarea 48.4 in the
2008/09 season
(Species: crab; Area: 48.4; Season: 2008/
09; Gear: pot)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measure
21–01, and notes that this measure
would be for one year and that data
arising from these activities would be
reviewed by the Scientific Committee:
Access 1. The fishery for crab in
Statistical Subarea 48.4 shall be
conducted by vessels using pots only.
The crab fishery is defined as any
harvest activity in which the target
species is any member of the crab group
(Order Decapoda, Suborder Reptantia).
The fishery in the 2008/09 season shall
be conducted by one (1) Russian flagged
vessels using pots only.
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17:20 Feb 11, 2009
Jkt 217001
PO 00000
Frm 00058
Fmt 4701
Sfmt 4703
with the least possible handling. Before
release, all live specimens of
Dissostichus spp. shall be measured and
tagged. Full biological data shall be
taken from all dead finfish by-catch. A
total by-catch limit of 0.5 tonnes shall
apply for all dead finfish.
Observers 7. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period. Scientific observers
shall be afforded unrestricted access to
the catch for statistical random
sampling prior to, as well as after,
sorting by the crew.
Data: Catch/Effort 8. For the purpose
of implementing this conservation
measure in the 2008/09 season, the
following shall apply:
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Scientific Observation, on board during
all fishing activities.
Conservation Measure 52–03 (2008)
jlentini on PROD1PC65 with NOTICES2
at least one scientific observer,
appointed in accordance with the
CCAMLR Scheme of International
Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices
(i) The Five-day Catch and Effort
Reporting System set out in
Conservation Measure 23–01;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
data shall be submitted on a haul-byhaul basis.
9. For the purpose of Conservation
Measures 23–02 and 23–04 the target
species is crab and by-catch species are
defined as any species other than crab.
Data: Biological 10. Fine-scale
biological data, as required under
Conservation Measure 23–05, shall be
collected and recorded. Such data shall
be reported in accordance with the
CCAMLR Scheme of International
Scientific Observation.
Research 11. Each vessel
participating in this exploratory fishery
shall conduct fishery-based research in
accordance with the data requirements
described in Annex 52–03/A and the
experimental harvest regime described
in Annex 52–03/B. Data collected for
the period up to 31 August 2009 shall
be reported to CCAMLR by 30
September 2009 so that the data will be
available to the meeting of the Working
Group on Fish Stock Assessment (WG–
FSA) in 2009. Such data collected after
31 August 2009 shall be reported to
CCAMLR not later than three months
after the closure of the fishery.
Environmental protection 12.
Conservation Measure 26–01 applies.
Pot Descriptions
Annex 52–03/A
Catch Descriptions
Biological Data
For these data, crabs are to be
sampled from the line hauled just prior
to noon, by collecting the entire
contents of a number of pots spaced at
intervals along the line so that between
35 and 50 specimens are represented in
the subsample.
48.4. Every vessel participating in the
crab fishery in Statistical Subarea 48.4
shall conduct fishing operations in
accordance with an experimental
harvest regime as outlined below:
1. Vessels shall conduct the
experimental harvest regime at the start
of their first season of participation in
the crab fishery and the following
conditions shall apply:
(i) Every vessel when undertaking an
experimental harvesting regime shall
expend its first 30,000 pot hours of
effort within a total area delineated by
seven blocks distributed amongst seven
island groups. For the purposes of this
conservation measure, these blocks shall
be numbered A to G. In Annex 52–03/
C, the blocks are illustrated (Figure 1).
For each string, pot hours shall be
calculated by taking the total number of
pots on the string and multiplying that
number by the soak time (in hours) for
that string. Soak time shall be defined
for each string as the time between start
of setting and start of hauling;
(ii) Vessels shall not fish outside the
area delineated by the seven blocks
Sample Descriptions
Date, position at start of the set,
compass bearing of the set, line number.
Data
Species, sex, length of at least 35
individuals, presence/absence of
rhizocephalan parasites, record of the
destination of the crab (kept, discarded,
destroyed), record of the pot number
from which the crab comes.
Annex 52–03/B
Experimental Harvest Regime
The following annex applies to all
crab fishing within Statistical Subarea
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17:20 Feb 11, 2009
Jkt 217001
Data Requirements
Catch and Effort Data
Cruise Descriptions
Cruise code, vessel code, permit
number, year.
PO 00000
Frm 00059
Fmt 4701
Sfmt 4703
Diagrams and other information,
including pot shape, dimensions, mesh
size, funnel position, aperture and
orientation, number of chambers,
presence of an escape port.
Effort Descriptions
Date, time, latitude and longitude of
the start of the set, compass bearing of
the set, total number of pots set, spacing
of pots on the line, number of pots lost,
depth, soak time, bait type.
Retained catch in numbers and
weight, by-catch of all species (see Table
1), incremental record number for
linking with sample information.
prior to completing the experimental
harvesting regime;
(iii) Vessels shall not expend more
than 4 500 pot hours in any single
island group;
(iv) If a vessel returns to port before
it has expended 30 000 pot hours in the
experimental harvesting regime, the
remaining pot hours shall be expended
before it can be considered that the
vessel has completed the experimental
harvesting regime;
(v) After completing 30 000 pot hours
of experimental fishing, it shall be
considered that vessels have completed
the experimental harvesting regime and
they shall be permitted to commence
fishing in a normal fashion.
2. Data collected during the
experimental harvest regime up to 30
June 2009 shall be submitted to
CCAMLR by 31 August 2009.
3. Vessels that complete the
experimental harvest regime shall not be
required to conduct experimental
fishing in future seasons.
4. Fishing vessels shall participate in
the experimental harvest regime
independently (i.e. vessels may not
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Cruise Descriptions
Cruise code, vessel code, permit
number.
jlentini on PROD1PC65 with NOTICES2
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Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices
species taken, and shall be reported to
CCAMLR as part of the annual
STATLANT returns.
6. All vessels participating in the
experimental harvest regime shall carry
at least one scientific observer,
appointed in accordance with the
CCAMLR Scheme of International
Scientific Observation, on board during
all fishing activities.
Conservation Measure 61–01 (2008)
Catch limit 2. The total catch of
Martialia hyadesi in Statistical Subarea
48.3 in the 2008/09 season shall not
exceed a precautionary catch limit of
2 500 tonnes.
Season 3. For the purpose of the
exploratory jig fishery for Martialia
hyadesi in Statistical Subarea 48.3, the
2008/09 season is defined as the period
from 1 December 2008 to 30 November
2009, or until the catch limit is reached,
whichever is sooner.
Observers 4. Each vessel
participating in this fishery shall have at
least one scientific observer appointed
in accordance with the CCAMLR
Scheme of International Scientific
Observation, and where possible one
additional scientific observer, on board
throughout all fishing activities within
the fishing period.
Data: Catch/Effort 5. For the purpose
of implementing this conservation
measure in the 2008/09 season, the
following shall apply:
(i) The Ten-day Catch and Effort
Reporting System set out in
Conservation Measure 23–02;
(ii) The Monthly Fine-scale Catch and
Effort Reporting System set out in
Conservation Measure 23–04. Fine-scale
jlentini on PROD1PC65 with NOTICES2
Limits on the exploratory fishery for
Martialia hyadesi in Statistical
Subarea 48.3 in the 2008/09 season
(Species: squid; Area: 48.3; Season:
2008/09; Gear: jig)
The Commission hereby adopts the
following conservation measure in
accordance with Conservation Measures
21–02 and 31–01:
Access 1. Fishing for Martialia
hyadesi in Statistical Subarea 48.3 shall
be limited to the exploratory jig fishery
by notifying countries. The fishery shall
be conducted by vessels using jigs only.
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17:20 Feb 11, 2009
Jkt 217001
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cooperate to complete phases of the
experiment).
5. Crabs taken by any vessel for
research purposes will be considered as
part of any catch limits in force for each
Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 / Notices
data shall be submitted on a haul-byhaul basis.
6. For the purpose of Conservation
Measures 23–02 and 23–04, the target
species is Martialia hyadesi and bycatch species are defined as any species
other than Martialia hyadesi.
Data: Biological 7. Fine-scale
biological data, as required under
Conservation Measure 23–05, shall be
collected and recorded. Such data shall
be reported in accordance with the
CCAMLR Scheme of International
Scientific Observation.
Research 8. Each vessel participating
in this exploratory fishery shall collect
data in accordance with the Data
Collection Plan described in Annex 61–
01/A. Data collected pursuant to the
plan for the period up to 31 August
2009 shall be reported to CCAMLR by
30 September 2009.
Environmental protection 9.
Conservation Measure 26–01 applies.
ANNEX 61–01/a is unchanged
Resolution 27/XXVII
Use of a specific tariff classification for
Antarctic krill (applies to krill in all
areas in all seasons but only for trawl
gear)
The Commission,
Recognising the importance of krill
within the Antarctic ecosystem,
Mindful of the continuing increase in
krill notifications received by the
CCAMLR Secretariat and the potential
for krill catch rates in the CAMLR
Convention Area to also increase,
Noting the increased demand for krill
products on the final destination
markets,
Reaffirming the importance of
continuing the orderly development of
the Antarctic krill fishery to ensure that
the expanding fishery remains
consistent with the objectives of the
Convention,
urges the Contracting Parties,
To introduce into their domestic law,
and use accordingly, an appropriate
tariff classification in order to improve
knowledge of the volume and trade of
Antarctic krill.
jlentini on PROD1PC65 with NOTICES2
Resolution 28/XXVII
Ballast water exchange in the
Convention Area (applies to all
species in all areas in all seasons for
all gear)
The Commission,
Affirming that CCAMLR was
established to conserve the marine
living resources of the Antarctic marine
ecosystem,
Aware of the potential for invasive
marine organisms to be transported into
or moved between biologically distinct
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17:20 Feb 11, 2009
Jkt 217001
regions within the Convention Area by
ships in their ballast water,
Recalling the requirements of Annex
II to the Protocol on Environmental
Protection to the Antarctic Treaty
regarding conservation of Antarctic
fauna and flora and in particular of the
precautions taken to prevent the
introduction of non-native species,
Conscious that the International
Convention for the Control and
Management of Ships’ Ballast Waters
and Sediments, 2004 (IMO Ballast Water
Management Convention), has yet to
enter into force, but noting in particular
its Article 13, which provides that in
order to further the objectives of the
Convention, Parties with common
interests to protect the environment
* * * in a given geographical area
* * * shall endeavourn * * * to
enhance regional cooperation, including
through the conclusion of regional
agreements consistent with the Ballast
Water Management Convention,
Recalling also Resolution 3(2006)
adopted by the Antarctic Treaty
Consultative Meeting, and Resolution
MEPC.163(56) adopted by the
International Maritime Organisation,
which adopted Guidelines for Ballast
Water Exchange in the Antarctic Treaty
Area,
Desiring to extend the application of
the above mentioned guidelines to the
whole of the CAMLR Convention Area,
1. Urges all Contracting Parties and
non-Contracting Parties cooperating
with CCAMLR to take particular
measures to apply the existing IMO
Guidelines for Ballast Water Exchange
in the Antarctic Treaty Area, and also
the Guidelines for Ballast Water
Exchange in the CAMLR Convention
Area north of 60° S, as set out in the
annex to this resolution, as an interim
measure to all ships engaged in
harvesting and associated activities in
the CAMLR Convention Area, before the
Ballast Water Management Convention
comes into force.
2. Furthermore, urges all Contracting
Parties and non-Contracting Parties
cooperating with CCAMLR to take
action to develop effective treatment for
ballast water.
Annex
Guidelines for Ballast Water Exchange
in the CAMLR Convention Area North
of 60≥ S 1
1. The application of these Guidelines
should apply to those vessels covered
by Article 3 of the IMO’s International
Convention for the Control and
Management of Ships’ Ballast Water and
Sediments (the Ballast Water
Management Convention), taking into
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7169
account the exceptions in Regulation A–
3 of the Convention, which are engaged
in harvesting and associated activities in
the CAMLR Convention Area (as set out
in Article II.3 of the Convention). These
Guidelines do not replace the
requirements of the Ballast Water
Management Convention, but
supplement the interim Ballast Water
Regional Management Plan for
Antarctica under Article 13(3), which
has been adopted in ATCM Resolution
3 (2006) and IMO Resolution
MEPC.163(56).
2. If the safety of the ship is in any
way jeopardised by a ballast exchange,
it shall not take place. Additionally
these guidelines shall not apply to the
uptake or discharge of ballast water and
sediments for ensuring the safety of the
ship in emergency situations or saving
life at sea in the CAMLR Convention
Area.
3. A Ballast Water Management Plan
should be prepared for each vessel with
ballast tanks entering the Convention
Area, specifically taking into account
the problems of ballast water exchange
in cold environments and in Antarctic
conditions.
4. Each vessel entering the
Convention Area should keep a record
of ballast water operations.
5. Vessels are strongly encouraged to
not discharge any ballast water in the
Convention Area.
6. For vessels intending to discharge
ballast water within the Convention
Area, ballast water should first be
exchanged before arrival in the
Convention Area (preferably north of
either the Antarctic Polar Frontal Zone
or 60° S, whichever is the furthest
north) and at least 200 n miles from the
nearest land in water 200 m deep. (If
this is not possible for operational
reasons then such exchange should be
undertaken in waters 50 n miles from
the nearest land in waters of 200 m
depth.)
7. Only those tanks that will be
discharged in the Convention Area
would need to undergo ballast water
exchange following the procedure in
paragraph 6. Ballast Water Exchange of
all tanks is encouraged for all vessels
that have the potential/capacity to load
cargo in the Convention Area, as
Antarctic voyages are renowned for
their changes to planned routes and
activities.
8. If a vessel has taken on ballast
water in the Convention Area and is
intending to discharge ballast water in
Arctic, sub-Arctic, or sub-Antarctic
waters, it is recommended that ballast
water should be exchanged north of the
Antarctic Polar Frontal Zone, and at
least 200 n miles from the nearest land
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jlentini on PROD1PC65 with NOTICES2
in water at least 200 m deep. (If this is
not possible for operational reasons then
such exchange should be undertaken in
waters 50 n miles from the nearest land
in waters of 200 m depth).
9. Release of sediments during the
cleaning of ballast tanks should not take
place in the Convention Area.
10. For vessels that have spent
significant time in the Arctic, ballast
water sediment should preferably be
discharged and tanks cleaned before
entering the Convention Area. If this
cannot be done then sediment
accumulation in ballast tanks should be
VerDate Nov<24>2008
18:10 Feb 11, 2009
Jkt 217001
monitored and sediment should be
disposed of in accordance with the
ship’s Ballast Water Management Plan.
If sediments are disposed of at sea, then
they should be disposed of in waters
greater than 200 n miles from the
shoreline in waters 200 m deep.
11. CCAMLR Members are invited to
exchange information on invasive
marine species or anything that will
change the perceived risk associated
with ballast waters.
1 ATCM Resolution 3(2006) and IMO
Resolution MEPC.163(56) set out identical
PO 00000
Frm 00062
Fmt 4701
Sfmt 4703
practical guidelines for all vessels operating
in the Antarctic Treaty Area (i.e. south of
60° S).
Dated: February 2, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Dated: February 2, 2009.
Margaret F. Hayes,
Director, Office of Ocean Affairs, Department
of State.
[FR Doc. E9–2516 Filed 2–11–09; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\12FEN2.SGM
12FEN2
]]>Agencies
[Federal Register Volume 74, Number 28 (Thursday, February 12, 2009)]
[Notices]
[Pages 7110-7170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2516]
[[Page 7109]]
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Part II
Department of State
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Department of Commerce
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National Oceanic and Atmospheric Administration
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New and Revised Conservation and Management Measures and Resolutions
for Antarctic Marine Living Resources Under the Auspices of CCAMLR;
Notice
Federal Register / Vol. 74, No. 28 / Thursday, February 12, 2009 /
Notices
[[Page 7110]]
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DEPARTMENT OF STATE
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XM35
New and Revised Conservation and Management Measures and
Resolutions for Antarctic Marine Living Resources Under the Auspices of
CCAMLR
AGENCIES: Office of Ocean Affairs, Department of State and National
Marine Fisheries Service (NMFS), National Oceanic and Atmospheric
Administration (NOAA), Commerce.
ACTION: Notice.
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SUMMARY: At its Twenty-Seventh Meeting in Hobart, Tasmania, from
October 27 to November 7, 2008, the Commission for the Conservation of
Antarctic Marine Living Resources (CCAMLR), of which the United States
is a member, adopted conservation and management measures and
resolutions, pending countries' approval, pertaining to fishing in the
CCAMLR Convention Area. All the measures were agreed upon in accordance
with Article IX of the Convention for the Conservation of Antarctic
Marine Living Resources (Convention). Measures adopted restrict overall
catches of certain species of finfish, squid, krill and crabs, restrict
fishing in certain areas, restrict use of certain fishing gear, specify
implementation and inspection obligations supporting the Catch
Documentation Scheme of Contracting Parties, promote compliance with
CCAMLR measures by non-Contracting Party vessels, and require vessels
engaged in bottom fishing to report data on benthic organisms recovered
by their gear. This notice includes the full text of the new and
revised conservation measures adopted at the Twenty-Seventh meeting of
CCAMLR. This notice also includes a listing of conservation measures
that carry over from last year without change. The full text of these
measures was published in the Federal Register on January 29, 2007,
except for Conservation Measures 10-04, 23-06, and 31-02 for which full
text was published in the Federal Register on December 21, 2007. NMFS
suggests that the public view these measures along with the measures
contained in this Federal Register notice for a complete listing of all
the measures adopted by CCAMLR at its recent meeting. The full text of
all measures adopted by CCAMLR can be found on CCAMLR's Web site--
https://www.ccamlr.org. This notice, therefore, together with the U.S.
regulations referenced under the Supplementary Information, provides a
comprehensive register of all current U.S. obligations under CCAMLR.
DATES: Persons wishing to comment on the measures or desiring more
information should submit written comments by March 16, 2009.
FOR FURTHER INFORMATION CONTACT: Robert Gorrell, Office of Sustainable
Fisheries, Room 13463, 1315 East-West Highway, SSMC3, NMFS, Silver
Spring, MD 20910; tel: 301-713-2341; fax: 301-713-1193; e-mail
Robert.Gorrell@noaa.gov.
SUPPLEMENTARY INFORMATION: Individuals interested in CCAMLR should also
see 15 CFR Chapter III--International Fishing and Related Activities,
Part 300--International Fishing Regulations, Subpart A--General;
Subpart B--High Seas Fisheries; and Subpart G--Antarctic Marine Living
Resources, for other regulatory measures related to conservation and
management in the CCAMLR Convention area. Subpart B notes the
requirements for high seas fishing vessel licensing. Subparts A and G
describe the process for regulating U.S. fishing in the CCAMLR
Convention area, which NMFS uses to implement CCAMLR Conservation
Measures that are not expected to change from year to year. The
regulations in Subpart G include sections on: Purpose and scope;
Definitions; Relationship to other treaties, conventions, laws, and
regulations; Procedure for according protection to CCAMLR Ecosystem
Monitoring Program Sites; Scientific Research; Initiating a new
fishery; Exploratory fisheries; Reporting and recordkeeping
requirements; Vessel and gear identification; Gear disposal; Mesh size;
Harvesting permits; Scientific observers; Dealer permits and
preapproval; Appointment of a designated representative; Requirements
for a vessel monitoring system; Prohibitions; Facilitation of
enforcement and inspection; and Penalties.
Review of existing conservation measures and resolutions (the date
in parenthesis indicates the last year in which the measure was amended
by CCAMLR):
The Commission noted that the following conservation measures would
lapse on November 30, 2008: 32-09 (2007), 33-02 (2007), 33-03 (2007),
41-01 (2007), 41-03 (2006), 41-04 (2007), 41-05 (2007), 41-06 (2007),
41-07 (2007), 41-09 (2007), 41-10 (2007), 41-11 (2007), 42-02 (2007),
52-01 (2007), 52-02 (2007) and 61-01 (2007). Conservation Measure 42-01
(2007) lapsed on November 14, 2008. All of these conservation measures
dealt with fishery-related matters for the 2007/08 season and are
replaced by new measures mentioned below.
The following unchanged conservation measures and resolutions will
remain in force in 2008/09:
Compliance: 10-01 (1998), 10-04 (2007) and 10-08 (2006).
General fishery matters: 21-02 (2006), 22-01 (1986), 22-02 (1984),
22-03 (1990), 22-04 (2006), 23-01 (2005), 23-02 (1993), 23-03 (1991),
23-04 (2000), 23-05 (2000), 23-06 (2007) and 25-03 (2003).
Fishery regulations: 31-01 (1986), 31-02 (2007), 32-01 (2001), 32-
02 (1998), 32-03 (1998), 32-04 (1986), 32-05 (1986), 32-06 (1985), 32-
07 (1999), 32-08 (1997), 32-10 (2002), 32-11 (2002), 32-12 (1998), 32-
13 (2003), 32-14 (2003), 32-15 (2003), 32-16 (2003), 32-17 (2003), 32-
18 (2006) and 33-01 (1995).
Protected areas: 91-01 (2004) and 91-02 (2004).
Resolutions: 7/IX, 10/XII, 14/XIX, 15/XXII, 16/XIX, 17/XX, 18/XXI,
19/XXI, 20/XXII, 21/XXIII, 22/XXV, 23/XXIII, 25/XXV and 26/XXVI.
The full text of all but three of these unchanged conservation
measures and all but one of the resolutions was published in the
January 29, 2007 Federal Register (72 FR 4068). The full text of
Conservation Measures 10-04, 23-06, and 31-02 was published in the
December 21, 2007 Federal Register (72 FR 72826). The full text of
Resolution 26/XXVI was also published in the December 21, 2007 Federal
Register (72 FR 72826).
The Commission revised the following conservation measures:
Compliance:
CM 10-02 (2007) was revised as 10-02 (2008) 1 2
Licensing and inspection obligations of Contracting Parties with
regard to their flag vessels operating in the Convention Area
CM 10-03 (2005) was revised as 10-03 (2008) 1 2
Port inspection of vessels carrying toothfish
CM 10-05 (2006) was revised as 10-05 (2008)
Catch Documentation Scheme for Dissostichus spp.
CM 10-06 (2006) was revised as 10-06 (2008)
Scheme to promote compliance by Contracting Party vessels with
CCAMLR conservation measures
CM 10-07 (2006) was revised as 10-07 (2008)
[[Page 7111]]
Scheme to promote compliance by non-Contracting Party vessels with
CCAMLR conservation measures
General fisheries matters:
CM 21-01 (2006) was revised as 21-01 (2008) 1 2
Notification that Members are considering initiating a new fishery
CM 21-03 (2007) was revised as 21-03 (2008)
Notifications of intent to participate in a fishery for Euphausia
superba
CM 22-05 (2006) was revised as 22-05 (2008)
Restrictions on the use of bottom trawling gear in high-seas areas
of the Convention Area
CM 22-06 (2007) was revised as 22-06 (2008) 1 2
Bottom fishing in the Convention Area
CM 24-01 (2005) was revised as 24-01 (2008) 1 2
The application of conservation measures to scientific research
CM 24-02 (2005) was revised as 24-02 (2008)
Longline weighting for seabird conservation
CM 25-02 (2007) was revised as 25-02 (2008) 1 2
Minimisation of the incidental mortality of seabirds in the course
of longline fishing or longline fishing research in the Convention Area
CM 26-01 (2006) was revised as 26-01 (2008) 1 2
General environmental protection during fishing
Fishery regulations:
Toothfish: CM 41-02 (2007) was revised as 41-02 (2008)
Limits on the fishery for Dissostichus eleginoides in Statistical
Subarea 48.3 in the 2007/08 and 2008/09 seasons
Toothfish: CM 41-08 (2007) was revised as 41-08 (2008)
Limits on the fishery for Dissostichus eleginoides in Statistical
Division 58.5.2 in the 2007/08 and 2008/09 seasons
Krill: CM 51-01 (2007) was revised as 51-01 (2008)
Precautionary catch limitations on Euphausia superba in Statistical
Subareas 48.1, 48.2, 48.3 and 48.4
Krill: CM 51-02 (2006) was revised as 51-02 (2008)
Precautionary catch limitation on Euphausia superba in Statistical
Division 58.4.1
Krill: CM 51-03 (2007) was revised as 51-03 (2008)
Precautionary catch limitation on Euphausia superba in Statistical
Division 58.4.2
In addition, the Commission adopted 22 new conservation measures
and two new resolutions:
Compliance:
CM 10-09 (2008)
Notification system for transhipments within the Convention Area
General fisheries matters:
Gear Regulations: CM 22-07 (2008) 1 2
Interim measure for bottom fishing activities subject to
Conservation Measure 22-06 encountering potential vulnerable marine
ecosystems in the Convention Area
Fishery regulations:
Fishing Seasons, Closed Areas and Prohibition of Fishing: CM 32-09
(2008)
Prohibition of directed fishing for Dissostichus spp. except in
accordance with specific conservation measures in the 2008/09 season
By-catch Limits: CM 33-02 (2008)
Limitation of by-catch in Statistical Division 58.5.2 in the 2008/
09 season
By-catch Limits: CM 33-03 (2008) 1 2
Limitation of by-catch in new and exploratory fisheries in the
2008/09 season
Finfish Fisheries--Toothfish: CM 41-01 (2008) 1 2
General measures for exploratory fisheries for Dissostichus spp. in
the Convention Area in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-03 (2008)
Limits on the fishery for Dissostichus spp. in Statistical Subarea
48.4 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-04 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Subarea 48.6 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-05 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Division 58.4.2 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-06 (2008)
Limits on the exploratory fishery for Dissostichus spp. on Elan
Bank (Statistical Division 58.4.3a) outside areas of national
jurisdiction in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-07 (2008)
Limits on the exploratory fishery for Dissostichus spp. on BANZARE
Bank (Statistical Division 58.4.3b) outside areas of national
jurisdiction in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-09 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Subarea 88.1 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-10 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Subarea 88.2 in the 2008/09 season
Finfish Fisheries--Toothfish: CM 41-11 (2008)
Limits on the exploratory fishery for Dissostichus spp. in
Statistical Division 58.4.1 in the 2008/09 season
Finfish Fisheries--Icefish: CM 42-01 (2008)
Limits on the fishery for Champsocephalus gunnari in Statistical
Subarea 48.3 in the 2008/09 season
Finfish Fisheries--Icefish: CM 42-02 (2008)
Limits on the fishery for Champsocephalus gunnari in Statistical
Division 58.5.2 in the 2008/09 season
Krill: CM 51-04 (2008)
General measure for exploratory fisheries for Euphausia superba in
the Convention Area in the 2008/09 season
Krill: CM 51-05 (2008)
Limits on the exploratory fisheries for Euphausia superba in
Statistical Subarea 48.6 in the 2008/09 season
Crustacean Fisheries--Crab: CM 52-01 (2008)
Limits on the fishery for crab in Statistical Subarea 48.3 in the
2008/09 season
Crustacean Fisheries--Crab: CM 52-02 (2008)
Limits on the exploratory fishery for crab in Statistical Subarea
48.2 in the 2008/09 season
Crustacean Fisheries--Crab: CM 52-03 (2008)
Limits on the exploratory fishery for crab in Statistical Subarea
48.4 in the 2008/09 season
Mollusc Fisheries--Squid: CM 61-01 (2008)
Limits on the exploratory fishery for Martialia hyadesi in
Statistical Subarea 48.3 in the 2008/09 season
\1\ Except for waters adjacent to the Kerguelen Islands and
Crozet Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
Under Article IX(6)(c) of the Convention, the United States has 90
days after the November 12, 2008, notification by the Commission to
consider the Conservation Measures agreed to at the Twenty-Seventh
Meeting of CCAMLR and respond to the Secretariat of CCAMLR that we are
unable to accept a Conservation Measure(s).
[[Page 7112]]
Resolutions:
Resolution 27/XXVII (Use of a specific tariff classification for
Antarctic krill)
Resolution 28/XXVIII (Ballast water exchange in the Convention Area)
Other:
CCAMLR Members also adopted substantive amendments to CCAMLR's
Scheme of International Scientific Observation (note: the CCAMLR Scheme
of observation is not a Conservation Measure so the text of the
modified Scheme is not published here). The CCAMLR Scheme of
observation will be incorporated into the ``Scientific Observers
Manual'' (Manual) which details proper implementation of the program.
Each approved observer receives the current Manual from NMFS.
Scientific observers must meet all sampling protocols and other
requirements of the Manual. The complete text of the CCAMLR Scheme of
observation is included in Section 1 of the Manual.
CCAMLR Members also adopted a policy to enhance cooperation between
CCAMLR and Non-Contracting Parties, to ensure effectiveness of CCAMLR
Conservation measures, and to eliminate IUU fishing. This policy does
not take the form of a Conservation Measure and so it also is not
published here.
For further information, see the CCAMLR Web site at https://
www.ccamlr.org under Publications for the Schedule of Conservation
Measures in Force (2008/2009), or contact the Commission at the CCAMLR
Secretariat, P.O. Box 213, North Hobart, Tasmania 7002, Australia. Tel:
(61) 3-6210-1111).
Conservation Measures and Resolutions Adopted at CCAMLR-XXVII
Conservation Measure 10-02 (2008) \1\ \2\
Licensing and inspection obligations of Contracting Parties with regard
to their flag vessels operating in the Convention Area
(Species: all; Area: all; Season: all; Gear: all)
1. Each Contracting Party shall prohibit fishing by its flag
vessels in the Convention Area except pursuant to a licence \3\ that
the Contracting Party has issued setting forth the specific areas,
species and time periods for which such fishing is authorised and all
other specific conditions to which the fishing is subject to give
effect to CCAMLR conservation measures and requirements under the
Convention.
2. A Contracting Party may only issue such a licence to fish in the
Convention Area to vessels flying its flag, if it is satisfied of its
ability to exercise its responsibilities under the Convention and its
conservation measures, by requiring from each vessel, inter alia, the
following:
(i) Timely notification by the vessel to its Flag State of exit
from and entry into any port;
(ii) Notification by the vessel to its Flag State of entry into the
Convention Area and movement between areas, subareas/divisions;
(iii) Reporting by the vessel of catch data in accordance with
CCAMLR requirements;
(iv) Reporting, where possible as set out in Annex 10-02/A by the
vessel of sightings of fishing vessels \4\ in the Convention Area;
(v) Operation of a VMS system on board the vessel in accordance
with Conservation Measure 10-04;
(vi) Noting the International Management Code for the Safe
Operation of Ships and for Pollution Prevention (International Safety
Management Code), from 1 December 2009:
(a) Adequate communication equipment (including MF/HF radio and
carriage of at least one 406MHz EPIRB) and trained operators on board.
Wherever possible, vessels should be fitted with Global Maritime
Distress and Safety System (GMDSS) equipment;
(b) Sufficient immersion survival suits for all on board;
(c) Adequate arrangements to handle medical emergencies that may
arise in the course of the voyage;
(d) Reserves of food, fresh water, fuel and spare parts for
critical equipment to provide for unforseen delays and besetment;
(e) An approved \5\ Shipboard Oil Pollution Emergency Plan (SOPEP)
outlining marine pollution mitigation arrangements (including
insurance) in the event of a fuel or waste spill.
3. Each Contracting Party shall provide to the Secretariat within
seven days of the issuance of each licence the following information
about licences issued:
Name of the vessel
Time periods authorised for fishing (start and end dates)
Area(s), subareas or divisions of fishing
Species targeted
Gear used.
4. Each Contracting Party shall provide to the Secretariat within
seven days of the issuance of each licence the following information
about licences issued:
(i) Name of fishing vessel (any previous names if known) \6\,
registration number \7\, IMO number (if issued), external markings and
port of registry;
(ii) The nature of the authorisation to fish granted by the Flag
State, specifying time periods authorised for fishing (start and end
dates), area(s) of fishing, species targeted and gear used;
(iii) Previous flag (if any) \6\
(iv) International Radio Call Sign;
(v) Name and address of vessel's owner(s), and any beneficial
owner(s) if known;
(vi) Name and address of licence owner (if different from vessel
owner(s));
(vii) Type of vessel;
(viii) Where and when built;
(ix) Length (m);
(x) High-resolution colour photographs of the vessel of appropriate
brightness and contrast \8\ which shall consist of:
One photograph not smaller than 12 x 7 cm showing the
starboard side of the vessel displaying its full overall length and
complete structural features;
One photograph not smaller than 12 x 7 cm showing the port
side of the vessel displaying its full overall length and complete
structural features;
One photograph not smaller than 12 x 7 cm showing the
stern taken directly from astern;
(xi) Where applicable, in accordance with Conservation Measure 10-
04, details of the implementation of the tamper-proof requirements of
the satellite monitoring device installed on board.
5. Each Contracting Party shall, to the extent practicable, also
provide to the Secretariat at the same time as submitting information
in accordance with paragraph 4, the following additional information in
respect to each fishing vessel licensed:
(i) Name and address of operator, if different from vessel owners;
(ii) Names and nationality of master and, where relevant, of
fishing master;
(iii) Type of fishing method or methods;
(iv) Beam (m);
(v) Gross registered tonnage;
(vi) Vessel communication types and numbers (INMARSAT A, B and C
numbers);
(vii) Normal crew complement;
(viii) Power of main engine or engines (kW);
(ix) Carrying capacity (tonnes), number of fish holds and their
capacity (m\3\);
(x) Any other information in respect of each licensed vessel they
consider appropriate (e.g. ice classification) for the purposes of the
implementation of the conservation measures adopted by the Commission.
6. Contracting Parties shall communicate without delay to the
Secretariat any change to any of the information submitted in
accordance with paragraphs 3, 4 and 5.
[[Page 7113]]
7. The Executive Secretary shall place a list of licensed vessels
on the public section of the CCAMLR Web site.
8. The licence or an authorised copy of the licence must be carried
by the fishing vessel and must be available for inspection at any time
by a designated CCAMLR inspector in the Convention Area.
9. Each Contracting Party shall verify, through inspections of all
of its fishing vessels at the Party's departure and arrival ports, and
where appropriate, in its Exclusive Economic Zone, their compliance
with the conditions of the licence as described in paragraph 1 and with
the CCAMLR conservation measures. In the event that there is evidence
that the vessel has not fished in accordance with the conditions of its
licence, the Contracting Party shall investigate the infringement and,
if necessary, apply appropriate sanctions in accordance with its
national legislation.
10. Each Contracting Party shall include in its annual report
pursuant to paragraph 12 of the CCAMLR System of Inspection, steps it
has taken to implement and apply this conservation measure; and may
include additional measures it may have taken in relation to its flag
vessels to promote the effectiveness of CCAMLR conservation measures.
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Includes permit and authorisation.
\4\ Including support vessels such as reefer vessels.
\5 \ Shipboard Oil Pollution Emergency Plan to be approved by
the Maritime Safety Authority of the Flag State.
\6 \ In respect of any vessel reflagged within the previous 12
months, any information on the details of the process of (reasons
for) previous deregistration of the vessel from other registries, if
known.
\7\ National registry number.
\8\ All photographs shall be of sufficient quality to enable
clear identification of the vessel.
Annex 10-02/A
Reporting of Vessel Sightings
1. In the event that the master of a licensed fishing vessel sights
a fishing vessel \4\ within the Convention Area, the master shall
document as much information as possible on each such sighting,
including:
(a) Name and description of the vessel.
(b) Vessel call sign.
(c) Registration number and the Lloyds/IMO number of the vessel.
(d) Flag State of the vessel.
(e) Photographs of the vessel to support the report.
(f) Any other relevant information regarding the observed
activities of the sighted vessel.
2. The master shall forward a report containing the information
referred to in paragraph 1 to their Flag State as soon as possible. The
Flag State shall submit to the Secretariat any such reports that meet
the criteria of paragraph 3 of Conservation Measure 10-06 or paragraph
8 of Conservation Measure 10-07.
3. The Secretariat shall use such reports for compiling estimates
of IUU activities.
Conservation Measure 10-03 (2008) \1\ \2\ \3\
Port inspections of vessels carrying toothfish
(Species: toothfish; Area: all; Season: all; Gear: all)
1. Contracting Parties shall undertake inspections of all fishing
vessels \4\ carrying Dissostichus spp. which enter their ports. The
inspection shall be for the purpose of determining that if the vessel
carried out harvesting activities in the Convention Area, these
activities were carried out in accordance with CCAMLR conservation
measures, and that if it intends to land or tranship Dissostichus spp.
the catch to be unloaded or transhipped is accompanied by a
Dissostichus catch document required by Conservation Measure 10-05 and
that the catch agrees with the information recorded on the document.
2. To facilitate these inspections, Contracting Parties shall
require vessels to provide advance notice of their entry into port and
to convey a written declaration that they have not engaged in or
supported illegal, unreported and unregulated (IUU) fishing in the
Convention Area. The inspection shall be conducted within 48 hours of
port entry and shall be carried out in an expeditious fashion. It shall
impose no undue burdens on the vessel or its crew, and shall be guided
by the relevant provisions of the CCAMLR System of Inspection. Vessels
which either declare that they have been involved in IUU fishing or
fail to make a declaration shall be denied port access, other than for
emergency purposes.
3. In the event that there is evidence that the vessel has fished
in contravention of CCAMLR conservation measures, the catch shall not
be landed or transhipped. The Contracting Party will inform the Flag
State of the vessel of its inspection findings and will cooperate with
the Flag State in taking such appropriate action as is required to
investigate the alleged infringement and, if necessary, apply
appropriate sanctions in accordance with national legislation.
4. Contracting Parties shall promptly provide the Secretariat with
a report on the outcome of each inspection conducted under this
conservation measure. In respect of any vessels denied port access or
permission to land or tranship Dissostichus spp., the Secretariat shall
promptly convey such reports to all Contracting Parties and to all non-
Contracting Parties cooperating with the Commission by participating in
the Catch Documentation Scheme for Dissostichus spp. (CDS).
\1\ Except for waters adjacent to the Kerguelen and Crozet
Islands.
\2\ Except for waters adjacent to the Prince Edward Islands.
\3\ Excluding by-catches of Dissostichus spp. by trawlers
fishing on the high seas outside the Convention Area. A by-catch
shall be defined as no more than 5% of total catch of all species
and no more than 50 tonnes for an entire fishing trip by a vessel.
\4\ For the purposes of this conservation measure, `fishing
vessel' means any vessel of any size used for, equipped to be used
for, or intended for use for the purposes of fishing or fishing
related activities, including support ships, fish processing
vessels, vessels engaged in transhipment and carrier vessels
equipped for the transportation of fishery products except container
vessels and excluding Members' marine science research vessels.
In relation to only carrier vessels equipped for transportation
of fishery products, Contracting Parties shall conduct a preliminary
assessment of the relevant documentation. If that assessment raises
concerns regarding compliance with CCAMLR conservation measures, an
inspection according to the provisions of this conservation measure
shall be required.
Conservation Measure 10-05 (2008)
Catch Documentation Scheme for Dissostichus spp.
(Species: toothfish; Area: all; Season: all; Gear: all)
The Commission,
Concerned that illegal, unreported and unregulated (IUU) fishing
for Dissostichus spp. in the Convention Area threatens serious
depletion of populations of Dissostichus spp.,
Aware that IUU fishing involves significant by-catch of some
Antarctic species, including endangered albatross,
Noting that IUU fishing is inconsistent with the objective of the
Convention and undermines the effectiveness of CCAMLR conservation
measures,
Underlining the responsibilities of Flag States to ensure that
their vessels conduct their fishing activities in a responsible manner,
Mindful of the rights and obligations of Port States to promote the
[[Page 7114]]
effectiveness of regional fishery conservation measures,
Aware that IUU fishing reflects the high value of, and resulting
expansion in markets for and international trade in, Dissostichus spp.,
Recalling that Contracting Parties have agreed to introduce
classification codes for Dissostichus spp. at a national level,
Recognising that the implementation of a Catch Documentation Scheme
for Dissostichus spp. (CDS) will provide the Commission with essential
information necessary to provide the precautionary management
objectives of the Convention,
Committed to take steps, consistent with international law, to
identify the origins of Dissostichus spp. entering the markets of
Contracting Parties and to determine whether Dissostichus spp.
harvested in the Convention Area that is imported into their
territories was caught in a manner consistent with CCAMLR conservation
measures,
Wishing to reinforce the conservation measures already adopted by
the Commission with respect to Dissostichus spp.,
Further recognising the importance of enhancing cooperation with
non-Contracting Parties to help prevent, deter and eliminate IUU
fishing in the Convention Area,
Acknowledging that the Commission has adopted a policy to enhance
cooperation between CCAMLR and non-Contracting Parties,
Inviting non-Contracting Parties whose vessels fish for
Dissostichus spp. to participate in the CDS,
hereby adopts the following conservation measure in accordance with
Article IX of the Convention:
1. The following definitions are intended only for the purposes of
the completion of CDS documents and shall be applied as stated
regardless of whether such actions as landings, transhipments, imports,
exports or re-exports constitute the same under any CDS participant's
customs law or other domestic legislation:
(i) Port State: The State that has control over a particular port
area or free trade zone for the purposes of landing, transhipment,
importing, exporting and re-exporting and whose authority serves as the
authority for landing or transhipment certification.
(ii) Landing: The initial transfer of catch in its harvested or
processed form from a vessel to dockside or to another vessel in a port
or free trade zone where the catch is certified by an authority of the
Port State as landed.
(iii) Export: Any movement of a catch in its harvested or processed
form from territory under the control of the State or free trade zone
of landing, or, where that State or free trade zone forms part of a
customs union, any other member State of that customs union.
(iv) Import: The physical entering or bringing of a catch into any
part of the geographical territory under the control of a State, except
where the catch is landed or transhipped within the definitions of
`landing' or `transhipment' in this conservation measure.
(v) Re-export: Any movement of a catch in its harvested or
processed form from territory under the control of a State, free trade
zone, or member State of a customs union of import unless that State,
free trade zone, or any member State of that customs union of import is
the first place of import, in which case the movement is an export
within the definition of `export' in this conservation measure.
(vi) Transhipment: The transfer of a catch in its harvested or
processed form from a vessel to another vessel or means of transport,
and, where such transfer takes place within the territory under the
control of a Port State, for the purpose of effecting its removal from
that State. For the avoidance of doubt, temporarily placing a catch on
land or an artificial structure to facilitate such transfer shall not
prevent the transfer from being a transhipment where the catch is not
`landed' within the definition of `landing' in this conservation
measure.
2. Each Contracting Party shall take steps to identify the origin
of Dissostichus spp. imported into or exported from its territories and
to determine whether Dissostichus spp. harvested in the Convention Area
that is imported into or exported from its territories was caught in a
manner consistent with CCAMLR conservation measures.
3. Each Contracting Party shall require that each master or
authorised representative of its flag vessels authorised to engage in
harvesting of Dissostichus eleginoides and/or Dissostichus mawsoni
complete a Dissostichus catch document (DCD) for the catch landed or
transhipped on each occasion that it lands or tranships Dissostichus
spp.
4. Each Contracting Party shall require that each landing of
Dissostichus spp. at its ports and each transhipment of Dissostichus
spp. to its vessels be accompanied by a completed DCD. The landing of
Dissostichus spp. without a catch document is prohibited.
5. Each Contracting Party shall, in accordance with their laws and
regulations, require that their flag vessels which intend to harvest
Dissostichus spp., including on the high seas outside the Convention
Area, are provided with specific authorisation to do so. Each
Contracting Party shall provide DCD forms to each of its flag vessels
authorised to harvest Dissostichus spp. and only to those vessels.
6. A non-Contracting Party seeking to cooperate with CCAMLR by
participating in this scheme may issue DCD forms, in accordance with
the procedures specified in paragraphs 8 and 9, to any of its flag
vessels that intend to harvest Dissostichus spp.
7. Non-Contracting Parties which are involved in the trade of
Dissostichus spp. are encouraged to approach the CCAMLR Secretariat
with requests for assistance. Proposals must demonstrate how any
specific assistance requested will help to combat IUU fishing in the
Convention Area. Such requests will be considered by the Commission at
its annual meeting. The procedure regarding cooperation with CCAMLR in
the implementation of the CDS by non-Contracting Parties involved in
the trade of Dissostichus spp. is set out in Annex 10-05/C.
8. The DCD shall include the following information:
(i) The name, address, telephone and fax numbers of the issuing
authority;
(ii) The name, home port, national registry number and call sign of
the vessel and, if issued, its IMO/Lloyd's registration number;
(iii) The reference number of the licence or permit, whichever is
applicable, that is issued to the vessel;
(iv) The weight of each Dissostichus species landed or transhipped
by product type, and
(a) By CCAMLR statistical subarea or division if caught in the
Convention Area; and/or
(b) By FAO statistical area, subarea or division if caught outside
the Convention Area;
(v) The dates within which the catch was taken;
(vi) The date and the port at which the catch was landed or the
date and the vessel, its flag and national registry number, to which
the catch was transhipped;
(vii) The name, address, telephone and fax numbers of the
recipient(s) of the catch and the amount of each species and product
type received.
9. Procedures for completing DCDs in respect of vessels are set
forth in paragraphs A1 to A10 of Annex 10-05/A to this measure.
10. Each Contracting Party shall require that each shipment of
Dissostichus spp. imported into or
[[Page 7115]]
exported or re-exported from its territory be accompanied by the
export/re-export document. The import, export or re-export of
Dissostichus spp. without an export/re-export document is prohibited.
11. An export/re-export document issued in respect of a vessel is
one that:
(i) Includes all relevant information and signatures provided in
accordance with paragraphs A1 to A11 of Annex 10-05/A to this measure;
(ii) Includes a signed and stamped certification by a responsible
official of the exporting State of the accuracy of the information
contained in the document.
12. The standard documents for catch, export and re-export
documents are attached to Annex 10-05/A as follows:
(i) Attachment 1 contains the standard catch document (which also
includes provision for export) and the standard form for re-export
which are to be used until 31 May 2009;
(ii) Attachment 2 contains the standard catch document and the
standard form for export/re-export which are to be used from 1 June
2009.
Until 31 May 2009:
(i) All references in this conservation measure and its annex to
the export/re-export document, with respect to exporting, shall be read
as referring to the export section of the standard catch document in
Attachment 1;
(ii) All references in this conservation measure and its annex to
the export/re-export document, with respect to re-exporting, shall be
read as referring to the standard form for re-export in Attachment 1.
13. Each Contracting Party shall ensure that its customs government
authorities or other appropriate government officials request and
examine the documentation of each shipment of Dissostichus spp.
imported into or exported from its territory to verify that it includes
the export document and, where appropriate, validated re-export
document(s) that account for all the Dissostichus spp. contained in the
shipment. These officials may also examine the content of any shipment
to verify the information contained in the catch document or documents.
14. If, as a result of an examination referred to in paragraph 13
above, a question arises regarding the information contained in a DCD
or a re-export document, the exporting State whose government authority
validated the document(s) and, as appropriate, the Flag State whose
vessel completed the document are called on to cooperate with the
importing State with a view to resolving such question.
15. Each Contracting Party shall promptly provide by the most rapid
electronic means, copies to the CCAMLR Secretariat of all export
documents and, where relevant, validated re-export documents that it
issued from and received into its territory and shall submit annually
to the Secretariat a summary list of documents issued from or received
into its territory in respect of transhipments, landings, exports, re-
exports and imports. The list shall include: document identification
numbers; date of landing, export, re-export, import; weights landed,
exported, re-exported or imported.
16. Each Contracting Party, and any non-Contracting Party that
issues DCDs in respect of its flag vessels in accordance with paragraph
6, shall inform the CCAMLR Secretariat of the government authority or
authorities (including names, addresses, phone and fax numbers and e-
mail addresses) responsible for issuing and validating DCDs.
17. Notwithstanding the above, any Contracting Party, or any non-
Contracting Party participating in the CDS, may require additional
verification of catch documents by Flag States by using, inter alia,
VMS, in respect of catches \1\ taken on the high seas outside the
Convention Area, when landed at, imported into or exported from its
territory.
18. If, following an examination under paragraph 13, questions
under paragraph 14 or requests for additional verification of documents
under paragraph 17, it is determined, after consultation with the
States concerned, that a catch document is invalid, the import, export
or re-export of Dissostichus spp. being the subject of the document is
prohibited.
19. If a Contracting Party participating in the CDS has cause to
sell or dispose of seized or confiscated Dissostichus spp., it may
issue a Specially Validated Dissostichus Catch Document (SVDCD)
specifying the reasons for that validation. The SVDCD shall include a
statement describing the circumstances under which confiscated fish are
moving in trade. To the extent practicable, Parties shall ensure that
no financial benefit arising from the sale of seized or confiscated
catch accrue to the perpetrators of IUU fishing. If a Contracting Party
issues a SVDCD, it shall immediately report all such validations to the
Secretariat for conveying to all Parties and, as appropriate, recording
in trade statistics.
20. A Contracting Party may transfer all or part of the proceeds
from the sale of seized or confiscated Dissostichus spp. into the CDS
Fund created by the Commission or into a national fund which promotes
achievement of the objectives of the Convention. In addition,
Contracting Parties may offer voluntary contributions to support the
CDS Fund and its related activities. A Contracting Party may,
consistent with its domestic legislation, decline to provide a market
for toothfish offered for sale with a SVDCD by another State.
Provisions concerning the uses of the CDS Fund are found in Annex 10-
05/B.
\1\ Excluding by-catches of Dissostichus spp. by trawlers
fishing on the high seas outside the Convention Area. A by-catch
shall be defined as no more than 5% of total catch of all species
and no more than 50 tonnes for an entire fishing trip by a vessel.
Annex 10-05/A
A1. Each Flag State shall ensure that each Dissostichus catch
document form that it issues includes a specific identification number
consisting of:
(i) A four-digit number, consisting of the two-digit International
Standards Organization (ISO) country code plus the last two digits of
the year for which the form is issued;
(ii) A three-digit sequence number (beginning with 001) to denote
the order in which catch document forms are issued.
It shall also enter on each Dissostichus catch document form the
number as appropriate of the licence or permit issued to the vessel.
A2. The master of a vessel which has been issued a Dissostichus
catch document form or forms shall adhere to the following procedures
prior to each landing or transhipment of Dissostichus spp.:
(i) The master shall ensure that the information specified in
paragraph 8 of this conservation measure is accurately recorded on the
Dissostichus catch document form;
(ii) If a landing or transhipment includes catch of both
Dissostichus spp., the master shall record on the Dissostichus catch
document form the total amount of the catch landed or transhipped by
weight of each species;
(iii) If a landing or transhipment includes catch of Dissostichus
spp. taken from different statistical subareas and/or divisions, the
master shall record on the Dissostichus catch document form the amount
of the catch by weight of each species taken from each statistical
subarea and/or division and indicating whether the catch was caught in
an EEZ or on the high seas, as appropriate;
(iv) The master shall convey to the Flag State of the vessel by the
most
[[Page 7116]]
rapid electronic means available, the Dissostichus catch document
number, the dates within which the catch was taken, the species,
processing type or types, the estimated weight to be landed and the
area or areas of the catch, the date of landing or transhipment and the
port and country of landing or vessel of transhipment and shall request
from the Flag State, a Flag State confirmation number.
A3. If, for catches \1\ taken in the Convention Area or on the high
seas outside the Convention Area, the Flag State verifies, by the use
of a VMS (as described in paragraph 1 of Conservation Measure 10-04),
the area fished and that the catch to be landed or transhipped as
reported by its vessel is accurately recorded and taken in a manner
consistent with its authorisation to fish, it shall convey a unique
Flag State confirmation number to the vessel's master by the most rapid
electronic means available. The Dissostichus catch document will
receive a confirmation number from the Flag State, only when it is
convinced that the information submitted by the vessel fully satisfies
the provisions of this conservation measure.
A4. The master shall enter the Flag State confirmation number on
the Dissostichus catch document form.
A5. The master of a vessel that has been issued a Dissostichus
catch document form or forms shall adhere to the following procedures
immediately after each landing or transhipment of Dissostichus spp.:
(i) In the case of a transhipment, the master shall confirm the
transhipment obtaining the signature on the Dissostichus catch document
of the master of the vessel to which the catch is being transferred;
(ii) In the case of a landing, the master or authorised
representative shall confirm the landing by obtaining a signed and
stamped certification on the Dissostichus catch document by a
responsible official of the Port State of landing or free trade zone
who is acting under the direction of either the customs or fisheries
authority of the Port State and is competent with regard to the
validation of Dissostichus catch documents;
(iii) In the case of a landing, the master or authorised
representative shall also obtain the signature on the Dissostichus
catch document of the individual that receives the catch at the port of
landing or free trade zone;
(iv) In the event that the catch is divided upon landing, the
master or authorised representative shall present a copy of the
Dissostichus catch document to each individual that receives a part of
the catch at the port of landing or free trade zone, record on that
copy of the catch document the amount and origin of the catch received
by that individual and obtain the signature of that individual.
A6. In respect of each landing or transhipment, the master or
authorised representative shall immediately sign and convey by the most
rapid electronic means available a copy, or, if the catch landed was
divided, copies, of the signed Dissostichus catch document to the Flag
State of the vessel and shall provide a copy of the relevant document
to each recipient of the catch.
A7. The Flag State of the vessel shall immediately convey by the
most rapid electronic means available a copy or, if the catch was
divided, copies, of the signed Dissostichus catch document to the
CCAMLR Secretariat to be made available by the next working day to all
Contracting Parties.
A8. The master or authorised representative shall retain the
original copies of the signed Dissostichus catch document(s) and return
them to the Flag State no later than one month after the end of the
fishing season.
A9. The master of a vessel to which catch has been transhipped
(receiving vessel) shall adhere to the following procedures immediately
after each landing of such catch in order to complete each Dissostichus
catch document received from transhipping vessels:
(i) The master of the receiving vessel shall confirm the landing by
obtaining a signed and stamped certification on the Dissostichus catch
document by a responsible official of the Port State of landing or free
trade zone who is acting under the direction of either the customs or
fisheries authority of the Port State and is competent with regard to
the validation of Dissostichus catch documents;
(ii) The master of the receiving vessel shall also obtain the
signature on the Dissostichus catch document of the individual that
receives the catch at the port of landing or free trade;
(iii) In the event that the catch is divided upon landing, the
master of the receiving vessel shall present a copy of the Dissostichus
catch document to each individual that receives a part of the catch at
the port of landing or free trade zone, record on that copy of the
catch document the amount and origin of the catch received by that
individual and obtain the signature of that individual.
A10. In respect of each landing of transhipped catch, the master or
authorised representative of the receiving vessel shall immediately
sign and convey by the most rapid electronic means available a copy of
all the Dissostichus catch documents, or if the catch was divided,
copies, of all the Dissostichus catch documents, to the Flag State(s)
that issued the Dissostichus catch document, and shall provide a copy
of the relevant document to each recipient of the catch. The Flag State
of the receiving vessel shall immediately convey by the most rapid
electronic means available a copy of the document to the CCAMLR
Secretariat to be made available by the next working day to all
Contracting Parties.
A11. For each shipment of Dissostichus spp. to be exported or re-
exported from the country of landing or import, the exporter shall
adhere to the following procedures to obtain the necessary export or
re-export document for all the Dissostichus spp. contained in the
shipment:
(i) The exporter/re-exporter shall enter on each Dissostichus
export/re-export document the reference number of the corresponding
Dissostichus catch document, the amount of each Dissostichus spp.
reported on the document that is contained in the shipment;
(ii) The exporter/re-exporter shall enter on each Dissostichus
catch document the name and address of the importer of the shipment and
the point of import;
(iii) The exporter/re-exporter shall enter on each export/re-export
document the exporter/re-exporter's name and address, and shall sign
the document;
(iv) The exporter/re-exporter shall obtain a signed and stamped
validation of the export/re-export document (including the attachments
if provided) by a responsible official of the exporting/re-exporting
State.
(v) The exporter/re-exporter shall indicate the transport details
as appropriate:
If by sea:
Container(s) number(s) if appropriate, or
Vessel name, and
Bill of lading number, date and place of issue;
[[Page 7117]]
If by air:
Flight number, airway bill number, place and date of issue;
If by other means (ground transportation):
Truck registration number and nationality,
Railway transport number, date and place of issue.
\1\ Excluding by-catches of Dissostichus spp. by trawlers
fishing on the high seas outside the Convention Area. A by-catch
shall be defined as no more than 5% of total catch of all species
and no more than 50 tonnes for an entire fishing trip by a vessel.
BILLING CODE 3510-22-P
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[GRAPHIC] [TIFF OMITTED] TN12FE09.000
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[GRAPHIC] [TIFF OMITTED] TN12FE09.001
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[GRAPHIC] [TIFF OMITTED] TN12FE09.002
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[GRAPHIC] [TIFF OMITTED] TN12FE09.003
BILLING CODE 3510-22-C
Annex 10-05/B
The Use of the CDS Fund
B1. The overall objective of the CDS Fund (``the Fund'') is to
provide a mechanism which enables the Commission to enhance its
capacity to prevent, deter and eliminate IUU fishing in the Convention
Area, by inter alia, improving the effectiveness of the CDS.
B2. The Fund will be operated according to the following
provisions:
(i) The Fund shall be used for special projects, or special needs
of the Secretariat if the Commission so decides, aimed at enhancing the
Commission's capacity to contribute to the prevention, deterrence and
elimination of IUU fishing in the Convention Area. The Fund may also be
used for assisting the development and improving the effectiveness of
the CDS and for other such purposes as the Commission may decide.
(ii) The Fund shall be used primarily for projects conducted by the
Secretariat, although the participation of Members in these projects is
not precluded. While individual Member projects shall be considered,
this shall not replace the normal responsibilities of Members of the
Commission. The
[[Page 7122]]
Fund shall not be used for routine Secretariat activities.
(iii) Proposals for special projects may be made by Members, by the
Commission or the Scientific Committee and their subsidiary bodies, or
by the Secretariat. Proposals shall be submitted to the annual meeting
of the Commission as working papers and be accompanied by an
explanation of the proposal and an itemised statement of estimated
expenditure.
(iv) The Commission will, at each annual meeting, designate six
Members to serve on a Review Panel to review proposals and to make
recommendations to the Commission on whether to fund special projects
or special needs. The Review Panel will meet during the first week of
the Commission's annual meeting.
(v) The Commission shall review all proposals and decide on
appropriate projects and funding as a standing agenda item at its
annual meeting.
(vi) The Fund may be used to assist Acceding States and non-
Contracting Parties that wish to cooperate with CCAMLR by contributing
to the prevention, deterrence and elimination of IUU fishing in the
Convention Area, so long as this use is consistent with provisions (i)
and (ii) above. Such assistance shall be provided within the scope of
the CCAMLR Cooperation Enhancement Program contained in the Policy to
Enhance Cooperation between CCAMLR and non-Contracting Parties.
Acceding States and non-Contracting Parties may submit proposals for
consideration by the Commission at its annual meeting, if the proposals
are sponsored by, or in cooperation with, a Member or the Secretariat.
(vii) The Financial Regulations of the Commission shall apply to
the Fund, except in so far as these provisions provide or the
Commission decides otherwise.
(viii) The Secretariat shall report to the annual meeting of the
Commission on the activities of the Fund, including its income and
expenditure. Annexed to the report shall be reports on the progress of
each project being funded by the Fund, including details of the
expenditure on each project. The report will be circulated to Members
in advance of the annual meeting.
(ix) Where an individual Member project is being funded according
to provision (ii), that Member shall provide an annual report on the
progress of the project, including details of the expenditure on the
project. The report shall be submitted to the Secretariat as a working
paper to be circulated to Members in advance of the annual meeting.
When the project is completed, that Member shall provide a final
statement of account certified by an auditor acceptable to the
Commission.
(x) The Commission shall review all ongoing projects at its annual
meeting as a standing agenda item and reserves the right, after notice,
to cancel a project at any time should it decide that it is necessary.
Such a decision shall be exceptional, and shall take into account
progress made to date and likely progress in the future, and shall in
any case be preceded by an invitation from the Commission to the
project coordinator to present a case for continuation of funding.
(xi) The Commission may modify these provisions at any time.
Annex 10-05/C
Procedure Regarding Cooperation With CCAMLR in the Implementation of
the CDS by Non-Contracting Parties Involved in the Trade of
Dissostichus SPP
C1. Prior to the annual meeting of the Commission, the Executive
Secretary shall contact all non-Contracting Parties which are known to
be involved in the trade with Dissostichus spp. to urge them to become
a Contracting Party to CCAMLR or to attain the status of a non-
Contracting Party cooperating with CCAMLR by participating in the Catch
Documentation Scheme for Dissostichus spp. (CDS) in accordance with the
provisions of Conservation Measure 10-05 and produce a summary paper
for consideration by the Commission. The Executive Secretary shall
provide copies of this conservation measure and any related resolutions
adopted by the Commission.
C2. The Executive Secretary shall also establish contact with any
non-Contracting Party during the intersessional period, as soon as
possible after it was known the non-Contracting Party was engaged in
the trade with Dissostichus spp. The Executive Secretary shall
immediately circulate any written responses to the Members of the
Commission.
C3. The Executive Secretary shall encourage non-Contracting Parties
to approach the CCAMLR Secretariat with requests for assistance.
Proposals must demonstrate how any specific assistance requested will
help to combat IUU fishing in the Convention Area. Such requests will
be considered by the Commission at its annual meeting.
C4. Any non-Contracting Party that seeks to be accorded the status
of non-Contracting Party cooperating with CCAMLR by participating in
the CDS shall apply to the Executive Secretary requesting such status.
Such requests must be received by the Executive Secretary no later than
ninety (90) days in advance of an annual meeting of the CAMLR
Commission in order to be considered at that meeting.
C5. Any non-Contracting Party requesting the status of a non-
Contracting Party cooperating with CCAMLR by participating in the CDS
shall fulfil the following requirements in order to have this status
considered by the Commission:
(i) Information requirements:
(a) Communicate the data required under the CDS.
(ii) Compliance requirements:
(a) Implement all the provisions of Conservation Measure 10-05;
(b) Inform CCAMLR of all the measures taken to ensure compliance by
its vessels used for the transhipments of Dissostichus spp. and its
operators, including inter alia, and as appropriate, inspection at sea
and in port, CDS implementation;
(c) Respond to alleged violations of CCAMLR measures by its vessels
transhipping Dissostichus spp. and its operators, as determined by the
appropriate bodies, and communicate to CCAMLR the actions taken against
operators.
C6. An applicant for the status of a non-Contracting Party
cooperating with CCAMLR by participating in the CDS shall also:
(i) Confirm its commitment to implement Conservation Measure 10-05;
and
(ii) Inform the Commission of the measures it takes to ensure
compliance by its operators with Conservation Measure 10-05.
C7. The Standing Committee for Implementation and Compliance (SCIC)
shall be responsible for reviewing requests for the status of non-
Contracting Party cooperating with CCAMLR by participating in the CDS
and for recommending to the Commission whether the applicants should be
granted such status.
C8. Annually the Commission shall review the status granted to each
non-Contracting Party and may revoke this status if the non-Contracting
Party concerned has not complied with the criteria for attaining such
status established by this measure.
Conservation Measure 10-06 (2008)
Scheme to promote compliance by Contracting Party vessels with CCAMLR
conservation measures
(Species: all; Area: all; Season: all; Gear: all)
The Commission,
[[Page 7123]]
Convinced that illegal, unreported and unregulated (IUU) fishing
compromises the objective of the Convention,
Aware that a number of vessels registered to Parties and non-
Parties are engaged in activities which diminish the effectiveness of
CCAMLR conservation measures,
Recalling that Contracting Parties are required to cooperate in
taking appropriate action to deter any activities which are not
consistent with the objective of the Convention,
Resolved to reinforce its integrated administrative and political
measures aimed at eliminating IUU fishing in the Convention Area,
Hereby adopts the following conservation measure in accordance with
Article IX.2(i) of the Convention:
1. At each annual meeting, the Commission will identify those
Contracting Parties whose vessels have engaged in fishing activities in
the Convention Area in a manner which has diminished the effectiveness
of CCAMLR conservation measures in force, and shall establish a list of
such vessels (CP-IUU Vessel List), in accordance with the procedures
and criteria set out hereafter.
2. This identification shall be documented, inter alia, on reports
relating to the application of Conservation Measure 10-03, trade
information obtained on the basis of the implementation of Conservation
Measure 10-05 and relevant trade statistics such as Food and
Agriculture Organization of the United Nations (FAO) and other national
or international verifiable statistics, as well as any other
information obtained from Port States and/or gathered from the fishing
grounds which is suitably documented.
3. Where a Contracting Party obtains information that vessels
flying the flag of another Contracting Party have engaged in activities
set out in paragraph 5, it shall submit a report containing this
information, within 30 days of having become aware of it, to the
Executive Secretary and the Contracting Party concerned. Contracting
Parties shall indicate that the information is provided for the
purposes of considering whether to include the vessel concerned in the
CP-IUU Vessel List under Conservation Measure 10-06. The Executive
Secretary shall within one business day circulate the report to the
other Contracting Parties and to non-Contracting Parties cooperating
with the Commission by participating in the Catch Documentation Scheme
for Dissostichus spp. (CDS), and invite them to communicate any
information available to them in respect of the vessels referred to
above, including their ownership, operators and their trade activities.
4. For the purposes of this conservation measure, the Contracting
Parties are considered as having carried out fishing activities that
have diminished the effectiveness of the conservation measures adopted
by the Commission if:
(i) The Parties do not ensure compliance by their vessels with the
conservation measures adopted by the Commission and in force, in
respect of the fisheries in which they participate that are placed
under the competence of CCAMLR;
(ii) Their vessels are repeatedly included in the CP-IUU Vessel
List.
5. In order for a Contracting Party's vessel to be included in the
CP-IUU Vessel List there must be evidence, gathered in accordance with
paragraphs 2 and 3, that the vessel has:
(i) Engaged in fishing activities in the CCAMLR Convention Area
without a licence issued in accordance with Conservation Measure 10-02,
or in violation of the conditions under which such licence would have
been issued in relation to authorised areas, species and time periods;
or
(ii) Not recorded or not declared its catches made in the CCAMLR
Convention Area in accordance with the reporting system applicable to
the fisheries it engaged in, or made false declarations; or
(iii) Fished during closed fishing periods or in closed areas in
contravention of CCAMLR conservation measures; or
(iv) Used prohibited gear in contravention of applicable CCAMLR
conservation measures; or
(v) Transhipped or participated in joint fishing operations with,
supported or re-supplied other vessels identified by CCAMLR as carrying
out IUU fishing activities (i.e. vessels on the CP-IUU Vessel List or
the NCP-IUU Vessel List established under Conservation Measure 10-07);
or
(vi) Failed to provide, when required under Conservation Measure
10-05, a valid catch document for Dissostichus spp.; or
(vii) Engaged in fishing activities in a manner that undermines the
attainment of the objectives of the Convention in waters adjacent to
islands within the area to which the Convention applies over which the
existence of State sovereignty is recognised by all Contracting
Parties, in the terms of the statement made by the Chairman on 19 May
1980; or
(viii) Engaged in fishing activities contrary to any other CCAMLR
conservation measures in a manner that undermines the attainment of the
objectives of the Convention according to Article XXII of the
Convention.
Draft CP-IUU Vessel List
6. The Executive Secretary shall, before 1 July of each year, draw
up a draft list of Contracting Party vessels (the Draft CP-IUU Vessel
List), listing all Contracting Party vessels that, on the basis of the
information gathered in accordance with paragraphs 2 and 3, and any
other information that the Executive Secretary might have obtained in
relation thereto, and the criteria defined in paragraph 4, might be
presumed to have engaged in any of the activities referred to in
paragraph 5 during the period beginning 30 days before the start of the
previous CCAMLR annual meeting. The Draft CP-IUU Vessel List shall be
distributed immediately to the Contracting Parties concerned.
7. Contracting Parties whose vessels are included in the Draft CP-
IUU Vessel List shall transmit their comments to the Executive
Secretary before 1 September, including verifiable VMS data and other
supporting information showing that the vessels listed have not engaged
in the activities which led to their inclusion in the Draft CP-IUU
Vessel List.
Provisional CP-IUU Vessel List
8. The Executive Secretary shall create a new list (`the
Provisional
